Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 798
       
       
       
       
       
       
                                Ì402382ÊÎ402382                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 1/AD/2R         .                                
             04/24/2015 01:14 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Lee moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 507.01, Florida Statutes, is reordered
    6  and amended to read:
    7         507.01 Definitions.—As used in this chapter, the term:
    8         (1) “Accessorial services” means any service performed by a
    9  mover which results in a charge to the shipper and is incidental
   10  to the transportation or shipment of household goods, including,
   11  but not limited to, valuation coverage; preparation of written
   12  inventory; equipment, including dollies, hand trucks, pads,
   13  blankets, and straps; storage, packing, unpacking, or crating of
   14  articles; hoisting or lowering; waiting time; carrying articles
   15  excessive distances to or from the mover’s vehicle, which may be
   16  cited as “long carry”; overtime loading and unloading;
   17  reweighing; disassembly or reassembly; elevator or stair
   18  carrying; boxing or servicing of appliances; and furnishing of
   19  packing or crating materials. The term includes services not
   20  performed by the mover but performed by a third party at the
   21  request of the shipper or mover, if the charges for these
   22  services are to be paid to the mover by the shipper at or before
   23  the time of delivery.
   24         (2) “Additional services” means any additional
   25  transportation of household goods which is performed by a mover,
   26  is not specifically included in a binding estimate or contract,
   27  and results in a charge to the shipper.
   28         (3)(2) “Advertise” means to advise, announce, give notice
   29  of, publish, or call attention by use of oral, written, or
   30  graphic statement made in a newspaper or other publication or on
   31  radio or television, any electronic medium, or contained in any
   32  notice, handbill, sign, including signage on vehicle, flyer,
   33  catalog or letter, or printed on or contained in any tag or
   34  label attached to or accompanying any good.
   35         (4) “Binding estimate” means a written or electronic
   36  document that specifies the total cost of a move, including, but
   37  not limited to, the loading, transportation or shipment, and
   38  unloading of household goods and accessorial services the
   39  shipper must pay for the complete move of his or her household
   40  goods.
   41         (5)(3) “Compensation” means money, fee, emolument, quid pro
   42  quo, barter, remuneration, pay, reward, indemnification, or
   43  satisfaction.
   44         (6)(4) “Contract for service” or “bill of lading” means a
   45  written document approved by the shipper in writing before the
   46  performance of any service which authorizes services from the
   47  named mover and lists the services and all costs associated with
   48  the household move and accessorial services to be performed.
   49         (7)(5) “Department” means the Department of Agriculture and
   50  Consumer Services.
   51         (6) “Estimate” means a written document that sets forth the
   52  total costs and describes the basis of those costs, relating to
   53  a shipper’s household move, including, but not limited to, the
   54  loading, transportation or shipment, and unloading of household
   55  goods and accessorial services.
   56         (8)(7) “Household goods” or “goods” means personal effects
   57  or other personal property commonly found in a home, personal
   58  residence, or other dwelling, including, but not limited to,
   59  household furniture. The term does not include freight or
   60  personal property moving to or from a factory, store, or other
   61  place of business.
   62         (9)(8) “Household move” or “move” means the loading of
   63  household goods into a vehicle, moving container, or other mode
   64  of transportation or shipment; the transportation or shipment of
   65  those household goods; and the unloading of those household
   66  goods, when the transportation or shipment originates and
   67  terminates at one of the following ultimate locations,
   68  regardless of whether the mover temporarily stores the goods
   69  while en route between the originating and terminating
   70  locations:
   71         (a) From one dwelling to another dwelling;
   72         (b) From a dwelling to a storehouse or warehouse that is
   73  owned or rented by the shipper or the shipper’s agent; or
   74         (c) From a storehouse or warehouse that is owned or rented
   75  by the shipper or the shipper’s agent to a dwelling.
   76         (10) “Impracticable operations” means operations of the
   77  mover which are necessary to complete the move due to
   78  substantial and unforeseen conditions arising after execution of
   79  a contract for household services. Such conditions must make it
   80  impractical for a mover to perform pickup or delivery services
   81  for a household move as originally provided in the contract.
   82         (11)(9) “Mover” means a person who, for compensation,
   83  contracts for or engages in the loading, transportation or
   84  shipment, or unloading of household goods as part of a household
   85  move. The term does not include a postal, courier, envelope, or
   86  package service that, or a personal laborer who, does not
   87  advertise itself as a mover or moving service.
   88         (12)(10) “Moving broker” or “broker” means a person who,
   89  for compensation, arranges for another person to load, transport
   90  or ship, or unload household goods as part of a household move
   91  or who, for compensation, refers a shipper to a mover by
   92  telephone, postal or electronic mail, Internet website, or other
   93  means.
   94         (13)(11) “Moving container” means a receptacle holding at
   95  least 200 cubic feet of volume which is used to transport or
   96  ship household goods as part of a household move.
   97         (14)“Personal laborer” means an individual hired directly
   98  by the shipper to assist in the loading and unloading of the
   99  shipper’s own household goods. The term does not include any
  100  individual who has contracted with or is compensated by a third
  101  party or whose services are brokered as part of a household
  102  move.
  103         (15)(12) “Shipper” means a person who uses the services of
  104  a mover to transport or ship household goods as part of a
  105  household move.
  106         (16)(13) “Storage” means the temporary warehousing of a
  107  shipper’s goods while under the care, custody, and control of
  108  the mover.
  109         Section 2. Subsection (3) of section 507.02, Florida
  110  Statutes, is amended to read:
  111         507.02 Construction; intent; application.—
  112         (3) This chapter is intended to provide consistency and
  113  transparency in moving practices and to create the presumption
  114  that movers of household goods will make necessary disclosures
  115  and educate uninformed shippers in order to secure the
  116  satisfaction and confidence of shippers and members of the
  117  public when using a mover.
  118         Section 3. Subsection (8) of section 507.03, Florida
  119  Statutes, is amended to read:
  120         507.03 Registration.—
  121         (8) The department may deny, refuse to renew, or revoke the
  122  registration of any mover or moving broker based upon a
  123  determination that the mover or moving broker, or any of the
  124  mover’s or moving broker’s directors, officers, owners, or
  125  general partners:
  126         (a) Has failed to meet the requirements for registration as
  127  provided in this chapter;
  128         (b) Has been convicted of a crime involving fraud, theft,
  129  larceny, embezzlement, or fraudulent conversion or
  130  misappropriation of property or a crime arising from conduct
  131  during a movement of household goods dishonest dealing, or any
  132  other act of moral turpitude;
  133         (c) Has not satisfied a civil fine or penalty arising out
  134  of any administrative or enforcement action brought by any
  135  governmental agency or private person based upon conduct
  136  involving fraud, theft, dishonest dealing, or any violation of
  137  this chapter;
  138         (d) Has pending against him or her any criminal,
  139  administrative, or enforcement proceedings in any jurisdiction,
  140  based upon conduct involving fraud, theft, larceny,
  141  embezzlement, or fraudulent conversion or misappropriation of
  142  property or a crime arising from conduct during a movement of
  143  household goods dishonest dealing, or any other act of moral
  144  turpitude; or
  145         (e) Has had a judgment entered against him or her in any
  146  action brought by the department or the Department of Legal
  147  Affairs under this chapter or ss. 501.201-501.213, the Florida
  148  Deceptive and Unfair Trade Practices Act.
  149         Section 4. Subsections (1), (3), (4), and (5) of section
  150  507.04, Florida Statutes, are amended to read:
  151         507.04 Required insurance coverages; liability limitations;
  152  valuation coverage.—
  153         (1) CARGO LIABILITY INSURANCE.—
  154         (a)1. Except as provided in paragraph (b), each mover
  155  operating in this state must maintain current and valid cargo
  156  liability insurance coverage of at least $10,000 per shipment
  157  for the loss or damage of household goods resulting from the
  158  negligence of the mover or its employees or agents.
  159         2. The mover must provide the department with evidence of
  160  liability insurance coverage before the mover is registered with
  161  the department under s. 507.03. All insurance coverage
  162  maintained by a mover must remain in effect throughout the
  163  mover’s registration period. A mover’s failure to maintain
  164  insurance coverage in accordance with this paragraph constitutes
  165  an immediate threat to the public health, safety, and welfare.
  166  If a mover fails to maintain insurance coverage, the department
  167  may immediately suspend the mover’s registration or eligibility
  168  for registration, and the mover must immediately cease operating
  169  as a mover in this state. In addition, and notwithstanding the
  170  availability of any administrative relief pursuant to chapter
  171  120, the department may seek from the appropriate circuit court
  172  an immediate injunction prohibiting the mover from operating in
  173  this state until the mover complies with this paragraph, a civil
  174  penalty not to exceed $5,000, and court costs.
  175         (b) A mover that operates two or fewer vehicles, in lieu of
  176  maintaining the cargo liability insurance coverage required
  177  under paragraph (a), may, and each moving broker must, maintain
  178  one of the following alternative coverages:
  179         1. A performance bond in the amount of $25,000, for which
  180  the surety of the bond must be a surety company authorized to
  181  conduct business in this state; or
  182         2. A certificate of deposit in a Florida banking
  183  institution in the amount of $25,000.
  184  
  185  The original bond or certificate of deposit must be filed with
  186  the department and must designate the department as the sole
  187  beneficiary. The department must use the bond or certificate of
  188  deposit exclusively for the payment of claims to consumers who
  189  are injured by the fraud, misrepresentation, breach of contract,
  190  misfeasance, malfeasance, or financial failure of the mover or
  191  moving broker or by a violation of this chapter by the mover or
  192  broker. Liability for these injuries may be determined in an
  193  administrative proceeding of the department or through a civil
  194  action in a court of competent jurisdiction. However, claims
  195  against the bond or certificate of deposit must only be paid, in
  196  amounts not to exceed the determined liability for these
  197  injuries, by order of the department in an administrative
  198  proceeding. The bond or certificate of deposit is subject to
  199  successive claims, but the aggregate amount of these claims may
  200  not exceed the amount of the bond or certificate of deposit.
  201         (3) INSURANCE COVERAGES.—The insurance coverages required
  202  under paragraph (1)(a) and subsection (2) must be issued by an
  203  insurance company or carrier licensed to transact business in
  204  this state under the Florida Insurance Code as designated in s.
  205  624.01. The department shall require a mover to present a
  206  certificate of insurance of the required coverages before
  207  issuance or renewal of a registration certificate under s.
  208  507.03. The department shall be named as a certificateholder in
  209  the certificate and must be notified at least 10 days before
  210  cancellation of insurance coverage. A mover’s failure to
  211  maintain insurance coverage constitutes an immediate threat to
  212  the public health, safety, and welfare. If a mover fails to
  213  maintain insurance coverage, the department may immediately
  214  suspend the mover’s registration or eligibility for
  215  registration, and the mover must immediately cease operating as
  216  a mover in this state. In addition, and notwithstanding the
  217  availability of any administrative relief pursuant to chapter
  218  120, the department may seek from the appropriate circuit court
  219  an immediate injunction prohibiting the mover from operating in
  220  this state until the mover complies with this paragraph. The
  221  mover may also be assessed a civil penalty not to exceed $5,000
  222  and court costs.
  223         (4) INDEMNIFICATION LIABILITY LIMITATIONS; VALUATION
  224  RATES.—A mover may not limit its liability for the loss or
  225  damage of household goods to a valuation rate that is less than
  226  60 cents per pound per article. A provision of a contract for
  227  moving services is void if the provision limits a mover’s
  228  liability to a valuation rate that is less than the minimum rate
  229  under this subsection. If a mover limits its liability for a
  230  shipper’s goods, the mover must disclose the limitation,
  231  including the valuation rate, to the shipper in writing at the
  232  time that the estimate and contract for services are executed
  233  and before any moving or accessorial services are provided. The
  234  disclosure must also inform the shipper of the opportunity to
  235  purchase valuation coverage if the mover offers that coverage
  236  under subsection (5).
  237         (5)VALUATION COVERAGE.—A mover shall indemnify may offer
  238  valuation coverage to compensate a shipper for the full
  239  replacement value loss or damage of the shipper’s household
  240  goods that are lost or damaged by the mover during a household
  241  move. The shipper may waive or amend the indemnification, and
  242  the waiver must be made by a signed or electronic acknowledgment
  243  in the contract If a mover offers valuation coverage, the
  244  coverage must indemnify the shipper for at least the minimum
  245  valuation rate required under subsection (4). The mover must
  246  disclose the terms of the indemnification coverage to the
  247  shipper in writing in at the time that the binding estimate and
  248  again when the contract for services is are executed and before
  249  any moving or accessorial services are provided. The disclosure
  250  must inform the shipper of the cost of the valuation coverage,
  251  the valuation rate of the coverage, and the opportunity to
  252  reject the coverage. If valuation coverage compensates a shipper
  253  for at least the minimum valuation rate required under
  254  subsection (4), the coverage satisfies the mover’s liability for
  255  the minimum valuation rate.
  256         Section 5. Section 507.05, Florida Statutes, is amended to
  257  read:
  258         507.05 Physical surveys, binding estimates, and contracts
  259  for service.—Before providing any moving or accessorial
  260  services, a contract and estimate must be provided to a
  261  prospective shipper in writing, must be signed and dated by the
  262  shipper and the mover, and must include:
  263         (1) PHYSICAL SURVEY.—A mover must conduct a physical survey
  264  of the household goods to be moved and provide the prospective
  265  shipper with a binding estimate of the cost of the move.
  266         (2) WAIVER OF SURVEY.—A shipper may elect to waive the
  267  physical survey, and such waiver must be in writing and signed
  268  or electronically acknowledged by the shipper before provision
  269  or waiver of the binding estimate by the shipper. The mover
  270  shall retain a copy of the waiver as an addendum to the contract
  271  for service.
  272         (3) BINDING ESTIMATE.—Before executing a contract for
  273  service for a household move, and at least 48 hours before the
  274  scheduled time and date of a shipment of household goods, a
  275  mover must provide a binding estimate. The binding estimate
  276  shall be based on a physical survey conducted under subsection
  277  (1), unless waived pursuant to subsection (2).
  278         (a) The shipper may waive the binding estimate if the
  279  waiver is made by signed or electronic acknowledgment before the
  280  commencement of the 48-hour period before the household goods
  281  are loaded. The mover shall retain a copy of the waiver as an
  282  addendum to the contract for services. To be enforceable, a
  283  waiver executed under this paragraph must, at a minimum, include
  284  a statement in uppercase type that is at least 5 points larger
  285  than, and clearly distinguishable from, the rest of the text of
  286  the waiver or release containing the statement. The exact
  287  statement to be included in a waiver of a binding estimate to be
  288  used by all movers shall be determined by the department in
  289  rulemaking and must include a delineation of the specific rights
  290  that a shipper may lose by waiving the binding estimate.
  291         (b)The shipper may also waive the 48-hour period if the
  292  moving services requested commence within 48 hours of the
  293  shipper’s initial contact with the mover contracted to perform
  294  the moving services.
  295         (c) At a minimum, the binding estimate must include all of
  296  the following:
  297         1. The table of measures or hourly quotation used by the
  298  mover or the mover’s agent in preparing the binding estimate.
  299         2. The date the binding estimate was prepared and the
  300  proposed date of the move, if any.
  301         3. An itemized breakdown and description of services, and
  302  the total cost to the shipper of loading, transporting or
  303  shipping, unloading, and accessorial services.
  304         4. A statement that the estimate is binding on the mover
  305  and the shipper and that the charges shown apply only to those
  306  services specifically identified in the estimate.
  307         5. Identification of acceptable forms of payment.
  308         (d) The binding estimate must be signed or electronically
  309  acknowledged by the mover and the shipper, and a copy must be
  310  provided to the shipper by the mover at the time that the
  311  binding estimate is signed or electronically acknowledged.
  312         (e) A binding estimate may only be amended by the mover
  313  before the scheduled loading of household goods for shipment
  314  when the shipper has requested additional services of the mover
  315  not previously disclosed in the original binding estimate, or
  316  upon mutual agreement of the mover and the shipper. Once a mover
  317  begins to load the household goods for a move, failure to
  318  execute a new binding estimate signifies the mover has
  319  reaffirmed the original binding estimate.
  320         (f) A mover may not collect more than the amount of the
  321  binding estimate unless:
  322         1.The shipper waives receipt of a binding estimate under
  323  this subsection.
  324         2. The shipper tenders additional household goods, requests
  325  additional services, or requires services that are not
  326  specifically included in the binding estimate, in which case the
  327  mover may execute an addendum to the binding estimate describing
  328  the additional household goods or need for additional services
  329  and the associated charges in writing. The mover must allow the
  330  shipper at least 1 hour to determine whether to execute the
  331  addendum. The mover may require full payment at the destination
  332  for the costs associated with the additional requested services
  333  as provided in the addendum to the binding estimate. If the
  334  shipper refuses to execute the addendum, the mover may refuse to
  335  ship the additional goods or perform the additional services
  336  requested.
  337         3.The mover advises the shipper, in advance of
  338  performance, that impracticable operations are essential to
  339  properly perform the move. The mover must allow the shipper at
  340  least 1 hour to determine whether to authorize the additional
  341  services.
  342         a.If the shipper agrees to pay for the impracticable
  343  operations, the mover must execute a written addendum to the
  344  contract for services, which must be signed or electronically
  345  acknowledged by the shipper. The addendum may be delivered to
  346  the shipper by personal delivery, facsimile, e-mail, overnight
  347  courier, or certified mail, with return receipt requested. The
  348  mover must bill the shipper for the agreed upon additional
  349  services within 15 days after the delivery of those additional
  350  services pursuant to s. 507.065.
  351         b.If the shipper does not agree to pay for the additional
  352  services, the mover may perform and, pursuant to s. 507.06, bill
  353  the shipper for those additional services necessary to complete
  354  the delivery. It is the mover’s burden to show that the
  355  impracticable operations were necessary to properly perform the
  356  move.
  357         (g) A mover shall retain a copy of the binding estimate and
  358  any addendums thereto for each move performed for at least 1
  359  year after its preparation date as an attachment to the contract
  360  for service.
  361         (4) CONTRACT FOR SERVICE.—Before providing any moving or
  362  accessorial services, a mover must provide a contract for
  363  service to the shipper, which the shipper must sign or
  364  electronically acknowledge and date.
  365         (a) At a minimum, the contract for service must include:
  366         1.(1) The name, telephone number, and physical address
  367  where the mover’s employees are available during normal business
  368  hours.
  369         2.(2) The date the contract was or estimate is prepared and
  370  the any proposed date of the move, if any.
  371         3.(3) The name and address of the shipper, the addresses
  372  where the articles are to be picked up and delivered, and a
  373  telephone number where the shipper may be reached.
  374         4.(4) The name, telephone number, and physical address of
  375  any location where the household goods will be held pending
  376  further transportation, including situations in which where the
  377  mover retains possession of household goods pending resolution
  378  of a fee dispute with the shipper.
  379         5.(5)A binding estimate provided in accordance with
  380  subsection (3) An itemized breakdown and description and total
  381  of all costs and services for loading, transportation or
  382  shipment, unloading, and accessorial services to be provided
  383  during a household move or storage of household goods.
  384         6. The total charges owed by the shipper based on the
  385  binding estimate and the terms and conditions for their payment,
  386  including any required minimum payment.
  387         7.If the household goods are transported under an
  388  agreement to collect payment upon delivery, the maximum payment
  389  that the mover may demand at the time of delivery.
  390         8.(6) Acceptable forms of payment, which must be clearly
  391  and conspicuously disclosed to the shipper on the binding
  392  estimate and the contract for services. A mover must shall
  393  accept at least a minimum of two of the three following forms of
  394  payment:
  395         a.(a) Cash, cashier’s check, money order, or traveler’s
  396  check;
  397         b.(b) Valid personal check, showing upon its face the name
  398  and address of the shipper or authorized representative; or
  399         c.(c) Valid credit card, which shall include, but not be
  400  limited to, Visa or MasterCard.
  401  
  402  A mover must clearly and conspicuously disclose to the shipper
  403  in the estimate and contract for services the forms of payments
  404  the mover will accept, including the forms of payment described
  405  in paragraphs (a)-(c).
  406         (b) Each addendum to the contract for service is an
  407  integral part of the contract.
  408         (c) A copy of the contract for service must accompany the
  409  household goods whenever they are in the mover’s or the mover’s
  410  agent’s possession. Before a vehicle that is being used for the
  411  move leaves the point of origin, the driver responsible for the
  412  move must have the contract for service in his or her
  413  possession.
  414         (d) A mover shall retain a contract for service for each
  415  move it performs for at least 1 year after the date the contract
  416  for service was signed or electronically acknowledged.
  417         Section 6. Section 507.054, Florida Statutes, is created to
  418  read:
  419         507.054 Publication.
  420         (1) The department shall prepare a publication that
  421  includes a summary of the rights and responsibilities of, and
  422  remedies available to movers and shippers under this chapter.
  423  The publication must include a statement that a mover’s failure
  424  to relinquish household goods as required by this chapter
  425  constitutes a felony of the third degree, punishable as provided
  426  in s. 775.082, s. 775.083, or s. 775.084, that any other
  427  violation of this chapter constitutes a misdemeanor of the first
  428  degree, punishable as provided in s. 775.082 or s. 775.083, and
  429  that any violation of this chapter constitutes a violation of
  430  the Florida Deceptive and Unfair Trade Practices Act. The
  431  publication must also include a notice to the shipper about the
  432  potential risks of shipping sentimental or family heirloom
  433  items. The department shall make the publication available to
  434  the public on the department’s website.
  435         (2) A mover must provide an electronic or hard copy of the
  436  department’s publication to shippers at the physical survey, or
  437  if the physical survey is timely waived by the shipper, before
  438  contracting for the household move.
  439         (3) A mover may customize the color, design, and dimension
  440  of the front and back covers of the standard department
  441  publication. If the mover customizes the publication, the
  442  customized publication must include the content specified in
  443  subsection (1) and meet the following requirements:
  444         (a) The font size used must be at least 10 points, with the
  445  exception that the following must appear prominently on the
  446  front cover in at least 12-point boldface type: “Your Rights and
  447  Responsibilities When You Move. Furnished by Your Mover, as
  448  Required by Florida Law.”
  449         (b) The size of the booklet must be at least 36 square
  450  inches.
  451         (4) The shipper must acknowledge receipt of the electronic
  452  or hard copy of the publication by signed or electronic
  453  acknowledgment in the contract.
  454         Section 7. Section 507.055, Florida Statutes, is created to
  455  read:
  456         507.055Required disclosure and acknowledgment of rights
  457  and remedies.—Before executing a contract for service for a
  458  move, a mover must provide to a prospective shipper all of the
  459  following:
  460         (1) The publication required under s. 507.054.
  461         (2) A concise, easy-to-read, and accurate binding estimate
  462  required under s. 507.05(3).
  463         Section 8. Subsections (1) and (3) of section 507.06,
  464  Florida Statutes, are amended, and subsection (4) is added to
  465  that section, to read:
  466         507.06 Delivery and storage of household goods.—
  467         (1) On the agreed upon delivery date or within the
  468  timeframe specified in the contract for service, a mover must
  469  relinquish household goods to a shipper and must place the
  470  household goods inside a shipper’s dwelling or, if directed by
  471  the shipper, inside a storehouse or warehouse that is owned or
  472  rented by the shipper or the shipper’s agent, unless the shipper
  473  has not tendered payment pursuant to s. 507.065 in the amount
  474  specified in a written contract or estimate signed and dated by
  475  the shipper. This requirement may be waived by the shipper. A
  476  mover may not, under any circumstances, refuse to relinquish
  477  prescription medicines and household goods for use by children,
  478  including children’s furniture, clothing, or toys, under any
  479  circumstances.
  480         (3) A mover that lawfully fails to relinquish a shipper’s
  481  household goods may place the goods in storage until payment in
  482  accordance with s. 507.065 is tendered; however, the mover must
  483  notify the shipper of the location where the goods are stored
  484  and the amount due within 5 days after receipt of a written
  485  request for that information from the shipper, which request
  486  must include the address where the shipper may receive the
  487  notice. A mover may not require a prospective shipper to waive
  488  any rights or requirements under this section.
  489         (4)If a mover becomes aware that it will be unable to
  490  perform either the pickup or the delivery of household goods on
  491  the date agreed upon or during the timeframe specified in the
  492  contract for service due to circumstances not anticipated by the
  493  contract, the mover shall notify the shipper of the delay and
  494  advise the shipper of the amended date or timeframe within which
  495  the mover expects to pick up or deliver the household goods in a
  496  timely manner.
  497         Section 9. Section 507.065, Florida Statutes, is created to
  498  read:
  499         507.065 Payment.—
  500         (1) Except as provided in s. 507.05(3), the maximum amount
  501  that a mover may charge before relinquishing household goods to
  502  a shipper is the exact amount of the binding estimate, unless
  503  waived by the shipper.
  504         (2) A mover must bill a shipper for any charges assessed
  505  under this chapter which are not collected upon delivery of
  506  household goods at their destination within 15 days after such
  507  delivery. A mover may assess a late fee for any uncollected
  508  charges if the shipper fails to make payment within 30 days
  509  after receipt of the bill.
  510         Section 10. Subsections (1), (4), and (5) and paragraphs
  511  (a) and (b) of subsection (6) of section 507.07, Florida
  512  Statutes, are amended to read:
  513         507.07 Violations.—It is a violation of this chapter:
  514         (1) To operate conduct business as a mover or moving
  515  broker, or advertise to engage in violation the business of
  516  moving or fail to comply with ss. 507.03-507.10, or any other
  517  requirement under this chapter offering to move, without being
  518  registered with the department.
  519         (4) To increase the contracted cost fail to honor and
  520  comply with all provisions of the contract for moving services
  521  in any way other than provided for in this chapter or bill of
  522  lading regarding the purchaser’s rights, benefits, and
  523  privileges thereunder.
  524         (5) To withhold delivery of household goods or in any way
  525  hold household goods in storage against the expressed wishes of
  526  the shipper if payment has been made as delineated in the
  527  binding estimate or contract for services, or pursuant to this
  528  chapter.
  529         (6)(a) To include in any contract any provision purporting
  530  to waive or limit any right or benefit provided to shippers
  531  under this chapter.
  532         (a)(b)Unless expressly authorized by this chapter, to seek
  533  or solicit a waiver or acceptance of limitation from a shipper
  534  concerning rights or benefits provided under this chapter.
  535         Section 11. Section 507.09, Florida Statutes, is amended to
  536  read:
  537         507.09 Administrative remedies; penalties.—
  538         (1) The department may enter an order doing one or more of
  539  the following if the department finds that a mover or moving
  540  broker, or a person employed or contracted by a mover or broker,
  541  has violated or is operating in violation of this chapter or the
  542  rules or orders issued pursuant to this chapter:
  543         (a) Issuing a notice of noncompliance under s. 120.695.
  544         (b) Imposing an administrative fine in the Class II
  545  category pursuant to s. 570.971 for each act or omission.
  546         (c) Directing that the person cease and desist specified
  547  activities.
  548         (d) Refusing to register or revoking or suspending a
  549  registration.
  550         (e) Placing the registrant on probation, subject to the
  551  conditions specified by the department.
  552         (2) The department shall, upon notification and subsequent
  553  written verification by a law enforcement agency, a court, a
  554  state attorney, or the Department of Law Enforcement,
  555  immediately suspend a registration or the processing of an
  556  application for a registration if the registrant, applicant, or
  557  an officer or director of the registrant or applicant is
  558  formally charged with a crime involving fraud, theft, larceny,
  559  embezzlement, or fraudulent conversion or misappropriation of
  560  property or a crime arising from conduct during a movement of
  561  household goods until final disposition of the case or removal
  562  or resignation of that officer or director.
  563         (3) The administrative proceedings that which could result
  564  in the entry of an order imposing any of the penalties specified
  565  in subsection (1) or subsection (2) are governed by chapter 120.
  566         (3) The department may adopt rules under ss. 120.536(1) and
  567  120.54 to administer this chapter.
  568         Section 12. Subsection (4) of section 507.10, Florida
  569  Statutes, is amended to read:
  570         507.10 Civil penalties; remedies.—
  571         (4) Except as expressly authorized by this chapter, any
  572  provision in a contract for services or bill of lading from a
  573  mover or moving broker that purports to waive, limit, restrict,
  574  or avoid any of the duties, obligations, or prescriptions of the
  575  mover or broker, as provided in this chapter, is void.
  576         Section 13. Section 507.11, Florida Statutes, is amended to
  577  read:
  578         507.11 Criminal penalties.—
  579         (1) The refusal of a mover or a mover’s employee, agent, or
  580  contractor to comply with an order from a law enforcement
  581  officer to relinquish a shipper’s household goods after the
  582  officer determines that the shipper has tendered payment in
  583  accordance with s. 507.065 of the amount of a written estimate
  584  or contract, or after the officer determines that the mover did
  585  not produce a signed or electronically acknowledged binding
  586  estimate or contract for service upon which demand is being made
  587  for payment, is a felony of the third degree, punishable as
  588  provided in s. 775.082, s. 775.083, or s. 775.084. A mover’s
  589  compliance with an order from a law enforcement officer to
  590  relinquish household goods to a shipper is not a waiver or
  591  finding of fact regarding any right to seek further payment from
  592  the shipper.
  593         (2) Except as provided in subsection (1), any person or
  594  business that violates this chapter commits a misdemeanor of the
  595  first degree, punishable as provided in s. 775.082 or s.
  596  775.083.
  597         Section 14. Section 507.14, Florida Statutes, is created to
  598  read:
  599         507.14 Rulemaking.—The department shall adopt rules to
  600  administer this chapter.
  601         Section 15. This act shall take effect July 1, 2015.
  602  
  603  ================= T I T L E  A M E N D M E N T ================
  604  And the title is amended as follows:
  605         Delete everything before the enacting clause
  606  and insert:
  607                        A bill to be entitled                      
  608         An act relating to household moving services; amending
  609         s. 507.01, F.S.; defining and redefining terms;
  610         amending s. 507.02, F.S.; clarifying intent; amending
  611         s. 507.03, F.S.; revising the conditions under which
  612         the Department of Agriculture and Consumer Services is
  613         authorized to deny, refuse to renew, or revoke the
  614         registration of any mover or moving broker; amending
  615         s. 507.04, F.S.; removing a prohibition that precludes
  616         a mover from limiting its liability for the loss or
  617         damage of household goods to a specified valuation
  618         rate; removing a requirement that a mover disclose a
  619         liability limitation when the mover limits its
  620         liability for a shipper’s goods; requiring a mover to
  621         indemnify a shipper for the loss of or damage to the
  622         shipper’s household goods caused by the mover during a
  623         household move; requiring the mover to indemnify the
  624         shipper for at least the cost of repair or replacement
  625         of goods unless waived or amended by the shipper;
  626         authorizing the shipper to waive or amend the
  627         indemnification for loss of or damage to the shipper’s
  628         household goods; requiring that the waiver be made in
  629         a signed or electronic acknowledgment in the contract;
  630         revising the time at which the mover must disclose the
  631         terms of the coverage, including any deductibles, to
  632         the shipper in writing; revising the information that
  633         the disclosure must provide to the shipper; amending
  634         s. 507.05, F.S.; requiring a mover to conduct a
  635         physical survey and provide a binding estimate in
  636         certain circumstances unless waived by the shipper;
  637         requiring specified content for the binding estimate;
  638         authorizing a shipper to waive the binding estimate in
  639         certain circumstances; requiring the mover and shipper
  640         to sign or electronically acknowledge the estimate;
  641         requiring the mover to provide the shipper with a copy
  642         of the estimate at the time of signature or electronic
  643         acknowledgment; providing that a binding estimate may
  644         be amended only under certain circumstances;
  645         authorizing a mover to charge more than the binding
  646         estimate in certain circumstances; requiring a mover
  647         to allow a shipper at least 1 hour to determine
  648         whether to authorize impracticable operations;
  649         requiring a mover to retain a copy of the binding
  650         estimate for a specified period; requiring a mover to
  651         provide a contract for service to the shipper before
  652         providing moving or accessorial services; requiring a
  653         driver to have possession of the contract before
  654         leaving the point of origin; requiring a mover to
  655         retain a contract of service for a specified period;
  656         creating s. 507.054, F.S.; requiring the department to
  657         prepare a publication that summarizes the rights and
  658         responsibilities of, and remedies available to, movers
  659         and shippers; requiring the department to make the
  660         publication available to the public on the
  661         department’s website; requiring the mover to provide
  662         an electronic or hard copy of the department’s
  663         publication to shippers at specified times; requiring
  664         the publication to meet certain specifications;
  665         requiring the shipper to acknowledge receipt of the
  666         copy of the publication by signed or electronic
  667         acknowledgment; creating s. 507.055, F.S.; requiring a
  668         mover to provide certain disclosures to a prospective
  669         shipper; amending s. 507.06, F.S.; requiring a mover
  670         to tender household goods for delivery on the agreed
  671         upon delivery date or within a specified period unless
  672         waived by the shipper; requiring a mover to notify and
  673         provide certain information to a shipper if the mover
  674         is unable to perform delivery on the agreed upon date
  675         or during the specified period; creating s. 507.065,
  676         F.S.; providing a maximum amount that a mover may
  677         charge a shipper unless waived by the shipper;
  678         requiring a mover to bill a shipper for specified
  679         charges in certain circumstances; authorizing a mover
  680         to assess a late fee for any uncollected charges in
  681         certain circumstances; amending s. 507.07, F.S.;
  682         providing that it is a violation of ch. 507, F.S., to
  683         fail to comply with specified provisions; providing
  684         that it is a violation of ch. 507, F.S., to increase
  685         the contracted cost for moving services in certain
  686         circumstances; conforming provisions to changes made
  687         by the act; amending s. 507.09, F.S.; requiring the
  688         department, upon verification by certain entities, to
  689         immediately suspend a registration or the processing
  690         of an application for a registration in certain
  691         circumstances; amending s. 507.10, F.S.; conforming a
  692         provision to changes made by the act; amending s.
  693         507.11, F.S.; providing criminal penalties; creating
  694         s. 507.14, F.S.; requiring the department to adopt
  695         rules; providing an effective date.