Senate Bill sb0340c1

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    Florida Senate - 2001                            CS for SB 340

    By the Committee on Regulated Industries and Senator Campbell





    315-882-01

  1                      A bill to be entitled

  2         An act relating to moving companies; creating

  3         the "Movers Regulation Act"; providing

  4         definitions; providing construction and

  5         legislative intent; providing for the

  6         Department of Agriculture and Consumer Services

  7         to regulate businesses engaged in intrastate

  8         transportation of household goods; prohibiting

  9         a person from engaging in business as a mover

10         without obtaining an operating permit from the

11         Department of Agriculture and Consumer

12         Services; requiring that a mover be bonded or

13         establish financial security of a specified

14         amount; providing application requirements;

15         providing for a permit fee; authorizing the

16         department to bring an action to recover

17         against a mover's bond or financial security;

18         specifying circumstances under which the

19         department may deny or refuse to renew an

20         operating permit; providing a procedure for a

21         mover to appeal a denial or revocation of an

22         operating permit; providing for issuance of a

23         replacement permit; requiring that a permit be

24         annually renewed; requiring a mover to provide

25         a written estimate to a shipper; providing

26         requirements for the written estimate;

27         requiring that a mover prepare a written

28         contract before performing any service on

29         behalf of a shipper; providing requirements for

30         the written contract; requiring that the

31         contract contain a disclosure statement;

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    Florida Senate - 2001                            CS for SB 340
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  1         prohibiting a mover from charging a fee in

  2         excess of the written contract; providing an

  3         exception; requiring that a mover accept

  4         certain forms of payment; providing that a

  5         violation of the act is a civil infraction;

  6         providing penalties; providing procedures for

  7         contesting a citation issued by the department;

  8         providing that certain offenses involving the

  9         failure to relinquish household goods are

10         felony offenses; authorizing the Department of

11         Legal Affairs to prosecute violations of the

12         act under the Florida Deceptive and Unfair

13         Trade Practices Act; authorizing the Department

14         of Agriculture and Consumer Services to enter

15         into the business premises of a mover to

16         enforce compliance with the act; amending s.

17         895.02, F.S.; defining felony violations of the

18         act as "racketeering activity" under the

19         Florida RICO (Racketeer Influenced and Corrupt

20         Organization) Act; providing for severability;

21         providing an effective date.

22

23  Be It Enacted by the Legislature of the State of Florida:

24

25         Section 1.  Movers Regulation Act.--

26         (1)  SHORT TITLE.--This section may be cited as the

27  "Movers Regulation Act."

28         (2)  DEFINITIONS.--As used in this section, the term:

29         (a)  "Accessorial service" means any service performed

30  by a mover which results in a charge to the shipper and which

31  is incidental to the transportation of household goods,

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    Florida Senate - 2001                            CS for SB 340
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  1  including, but not limited to, valuation coverage; preparation

  2  of a written inventory; storage, packing, unpacking, or

  3  crating of articles; hoisting or lowering; waiting time; long

  4  carry, which is the carrying of articles an excessive distance

  5  between the mover's vehicle and the residence or business;

  6  overtime loading and unloading; reweighing; disassembly or

  7  reassembly; carrying that involves an elevator or stairs;

  8  boxing or servicing of appliances; and furnishing of packing

  9  or crating materials. The term also includes services

10  performed by a third party at the request of the shipper or

11  mover, if the charges for such services are to be paid to the

12  mover by the shipper at or before the time of delivery.

13         (b)  "Advertising" means any written statement or

14  representation:

15         1.  Made in connection with the solicitation of a

16  prospective shipper, including, but not limited to, statements

17  and representations made in a newspaper, telephone yellow

18  pages, internet, or other publication;

19         2.  Made on radio or television; or

20         3.  Contained in any notice, handbill, direct mailing,

21  business card, sign, catalog, billboard, brochure, poster, or

22  letter.

23         (c)  "Compensation" means money, fee, emolument, quid

24  pro quo, barter, remuneration, pay, reward, indemnification,

25  or satisfaction.

26         (d)  "Contract for service" means a written document

27  prepared by the mover and signed by the shipper, before the

28  performance of any service, which authorizes services from the

29  named mover and lists the services and all costs associated

30  with the transportation of household goods and accessorial

31  services to be performed on behalf of the shipper.

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  1         (e)  "Department" means the Department of Agriculture

  2  and Consumer Services.

  3         (f)  "Estimate" means a written document provided to

  4  the prospective shipper which sets forth the total cost and

  5  the basis of such cost related to a shipper's move, which must

  6  include, but need not be limited to, transportation services

  7  or accessorial services.

  8         (g)  "Household goods" means personal effects or other

  9  personal property found in a home, personal residence, other

10  storage facility, or other location, of which the shipper is

11  the owner or agent of the owner of the items. The term

12  includes property held or found in a storage or warehouse

13  facility that is owned or rented by a shipper or shipper's

14  agent. The term does not include freight or personal property

15  moving to or from a factory, store, or other place of

16  business.

17         (h)  "Inventory" means a detailed descriptive list of

18  all the household goods, furniture, boxes, and other items

19  that are tendered to the mover by the shipper, and which shows

20  the number and condition of each item.

21         (i)  "Mover" means any person who engages in the

22  transportation or shipment of household goods for compensation

23  or any person who holds himself or herself out to the public

24  as engaging in the transportation or shipment of household

25  goods for compensation.

26         (j)  "Person" includes individuals, partnerships,

27  corporations, companies, trusts, societies, associations, and

28  any other legal entity.

29         (k)  "Shipper" means any person who uses the services

30  of a mover to transport or ship household goods. The term

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    Florida Senate - 2001                            CS for SB 340
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  1  includes any other person whom a shipper designates in

  2  writing.

  3         (l)  "Storage" means the warehousing of a shipper's

  4  household goods while under the care, custody, and control of

  5  the mover.

  6         (3)  CONSTRUCTION; INTENT; APPLICATION.--

  7         (a)  This section shall be construed liberally to:

  8         1.  Establish the law of this state governing the

  9  intrastate transportation, shipment, and affiliated storage of

10  household goods; and

11         2.  Secure the satisfaction and confidence of shippers

12  and the public when using the services of a mover.

13         (b)  This section applies to the operations of any

14  mover engaged in the intrastate transportation of household

15  goods, except that this section does not apply to shipments

16  contracted by the United States, the state, or any local

17  government or political subdivision of the state. This section

18  only applies to the transportation of household goods

19  originating in this state and terminating in this state.

20         (c)  This section does not supersede the jurisdiction

21  of any federal agency with respect to goods or services that

22  are governed under any other law.

23         (d)  This section does not apply to any act or practice

24  required or permitted by federal law.

25         (4)  APPLICATION; OPERATING PERMIT; BONDING

26  REQUIREMENT; REVOCATION OF PERMIT.--

27         (a)  A person may not engage in business, solicit

28  business, or advertise in this state as a mover of household

29  goods without first obtaining an operating permit from the

30  department and maintaining the permit as required by this

31  section.

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    Florida Senate - 2001                            CS for SB 340
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  1         1.  An application for an operating permit must be

  2  submitted to the department and accompanied by:

  3         a.  A bond executed by a corporate surety approved by

  4  the department and licensed to do business in this state;

  5         b.  An irrevocable letter of credit issued for the

  6  benefit of the applicant by a bank whose deposits are insured

  7  by an agency of the Federal Government; or

  8         c.  A certificate of deposit in a financial institution

  9  insured by an agency of the Federal Government, which may be

10  withdrawn only on the order of the department, except that the

11  interest may accrue to the applicant.

12         2.  The amount of the bond, letter of credit, or

13  certificate of deposit must be a minimum of $50,000, and the

14  bond, letter of credit, or certificate of deposit must be

15  conditioned upon compliance by the applicant with this

16  section. The department may establish a bond of a greater

17  amount to ensure the general welfare of the public and the

18  interests of the moving industry.

19         3.  The bond must be posted with the department.

20         (b)  The application for an operating permit must

21  include:

22         1.  The mover's legal business and trade name, current

23  mailing address, and current business location for each place

24  from which the mover operates a main office, branch office, or

25  storage location, and a designation of which location

26  constitutes the mover's principal place of business.

27         2.  A copy of each occupational license held by the

28  mover.

29         3.  The full names, current mailing addresses, current

30  telephone numbers, and social security numbers or federal tax

31

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  1  identification numbers of the mover's owners, corporate

  2  officers, and directors.

  3         4.  The name of the agent of the mover's corporation

  4  registered in this state and a statement listing the names of

  5  any other corporations, entities, or trade names through which

  6  any owner, corporate officer, or director of the mover was

  7  known or did business as a mover within the 5 calendar years

  8  immediately preceding the date on which the mover is

  9  submitting the application.

10         (c)  The application for an operating permit must be

11  accompanied by fee of $300, to be deposited into the

12  department's Operating Trust Fund for the purpose of

13  administering this section. If 6 months or less remain before

14  the annual renewal date, the permit fee is $150.

15         (d)  The department may bring and maintain an action on

16  behalf of any shipper who is injured by the bankruptcy of a

17  mover or by the mover's breach of any agreement entered into

18  in its capacity as a permitholder to recover against the bond,

19  letter of credit, or certificate of deposit.

20         (e)  Before changing a permitted business location,

21  telephone number, or registered agent, a mover must notify the

22  department of such change in writing. The permit may be

23  modified upon completion of the required forms and payment of

24  a fee established by the department.

25         (f)  A permit is not valid for any mover under any

26  other name or at any place other than that designated on the

27  permit. A permit is not transferable or assignable, and the

28  ownership structure of the mover may not be modified in such a

29  manner that constitutes a change in the control or ownership

30  of the permit. If the business changes its name or ownership

31  structure, the mover must submit to the department an

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  1  application for a new operating permit, along with the

  2  required permit fee.

  3         (g)  The department shall prescribe the form and size

  4  of the operating permit issued to a mover, which must contain

  5  a permit number. The mover must prominently display to the

  6  public the operating permit at the mover's primary place of

  7  business. The assigned permit number must appear in all

  8  advertising, including any listing in the telephone yellow

  9  pages; on all forms; and on all commercial motor vehicles

10  operated by the mover. It is a violation of this section for a

11  person to use, display, or advertise an expired permit number.

12         (h)  The department may deny or refuse to renew the

13  operating permit of any mover based upon a determination that

14  a mover or any of its directors, officers, owners, or general

15  partners:

16         1.  Failed to meet the requirements for initial

17  application or renewal as provided in this subsection.

18         2.  Have been found by a court of competent

19  jurisdiction to have committed a crime, regardless of

20  adjudication or plea of no contest, involving fraud, a prior

21  criminal violation of this section, or theft involving

22  transportation or storage of household goods for compensation.

23  The department may conduct criminal background checks to

24  obtain such information from the Department of Law Enforcement

25  or any other government agency.

26         3.  Have not satisfied a civil fine, administrative

27  fine, or other penalty arising out of any administrative or

28  enforcement action brought by any governmental agency or

29  private person based upon conduct involving fraud; theft; a

30  violation of part II of chapter 501, Florida Statutes;

31  dishonest dealing; a violation of a local moving ordinance; or

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  1  failure to comply with the terms and conditions of any

  2  judgment, consent decree, cease and desist order, settlement

  3  agreement, or assurance of voluntary compliance arising out of

  4  such enforcement action.

  5         4.  Misrepresented or concealed a material fact on the

  6  application, renewal application, or replacement application

  7  for an operating permit.

  8         5.  Aided or abetted a person who has not obtained an

  9  operating permit to evade or avoid any provision of this

10  section.

11         6.  Have previously attempted to operate without a

12  permit required under this section.

13         (i)  Upon denial or revocation of an operating permit,

14  the mover is entitled to an appeal according to the following:

15         1.  If the department denies or revokes a mover's

16  operating permit, the mover may appeal the decision to the

17  department within 20 days after receipt of the notice of

18  denial or revocation. A nonrefundable filing fee, established

19  by rule of the department, must accompany the written request

20  for appeal. The department shall review the appeal at a

21  hearing held within 60 days after the department receives the

22  request for appeal.

23         2.  At the conclusion of a hearing conducted under this

24  paragraph, the department shall orally render its decision

25  based on evidence entered into the record. The decision must

26  be stated in a written order and mailed to the mover within 10

27  days after the hearing and the decision is final agency action

28  with respect to the matter appealed.

29         3.  A mover may appeal a final determination of the

30  department within 30 days after rendition of the decision by

31

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  1  filing a petition for writ of certiorari in a court of

  2  competent jurisdiction.

  3         (j)  In the event of loss, destruction, or mutilation

  4  of an operating permit issued by the department, the person to

  5  whom the operating permit was issued may obtain a replacement

  6  permit upon furnishing satisfactory proof of loss,

  7  destruction, or mutilation to the department and payment of

  8  the applicable fee established by rule of the department. An

  9  application for a replacement operating permit must include:

10         1.  The name and address of the applicant.

11         2.  A verified explanation of the loss, destruction, or

12  mutilation of the operating permit.

13         3.  Any other item or information required by the

14  department.

15         (k)  Each operating permit must be renewed annually. As

16  part of the renewal process, the applicant must update and

17  verify all information required on the previous year's

18  application. An application for renewal must be accompanied by

19  a nonrefundable fee of $300. A renewal fee is not required for

20  any mover that holds a municipal or county license that is

21  issued under an ordinance that contains standards at least

22  equal to the requirements of this section, as determined by

23  the department. All renewal fees shall be deposited into the

24  department's Operating Trust Fund for the purpose of

25  administering this section. Any operating permit that is not

26  renewed automatically expires on the expiration date of the

27  permit, and the mover must immediately cease all moving and

28  storage services authorized under the permit. The department

29  shall deny any application for a renewal permit which is

30  incomplete, is untrue in whole or in part, is not accompanied

31  by the required fee, or fails to satisfy the requirements of

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  1  this section. The department may impose a late fee if an

  2  application for renewal of a permit is not timely filed.

  3         (l)  An out-of-state mover may not operate in this

  4  state unless the mover obtains an operating permit and follows

  5  the permitting procedures described in this section.

  6         (m)  Applications for the first year of the permitting

  7  process must be submitted by November 30, 2001.

  8         (5)  WRITTEN ESTIMATE OF MOVING COSTS.--

  9         (a)  A mover must provide a written estimate to a

10  prospective shipper, which must be dated and signed by the

11  mover. The estimate must indicate the total and complete costs

12  that the mover will charge for the transportation services,

13  including all accessorial services. A mover may not load any

14  moving vehicle or otherwise take possession or control of any

15  household goods of a shipper unless a written estimate is

16  approved by signature of the prospective shipper. A mover may

17  not request a shipper to sign or initial a blank or otherwise

18  incomplete estimate form or contract. A mover may not impose a

19  fee for preparing an estimate unless, before preparing the

20  estimate, the mover clearly and conspicuously discloses in

21  writing to the prospective shipper the amount of the charge

22  for preparing the estimate and obtains a written authorization

23  from the prospective shipper to prepare the estimate.

24         (b)  A prospective shipper may not waive the right to a

25  written estimate and a mover may not require a prospective

26  shipper to waive the right to a written estimate.

27         (c)  A mover shall retain the written estimate provided

28  to the prospective shipper as part of the mover's business

29  records. The written estimate must include, at a minimum:

30         1.  The current name, telephone number, permit number,

31  and physical address of the mover at which employees of the

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  1  mover are available during normal business hours, as well as

  2  the current name and address of the mover's registered agent.

  3         2.  The name and address of the shipper, including each

  4  address at which the items are to be picked up from and

  5  delivered to, if known, and, if available, the telephone

  6  number of the shipper.

  7         3.  The name, telephone number, and physical address of

  8  the storage facility or warehouse where the household goods

  9  will be held pending further transportation, if applicable.

10         4.  A complete itemized description of the costs for

11  transportation and accessorial services to be provided during

12  a move or storage of household goods. The mover must provide a

13  total of all costs to the shipper.

14         5.  The method of payment, subject to subsection (9).

15         6.  The following written disclosure in bold

16  capitalized letters of at least 14-point type:

17

18                  PLEASE READ CAREFULLY

19         IF YOU HAVE A QUESTION OR COMPLAINT, PLEASE

20         CONTACT THE DEPARTMENT OF AGRICULTURE AND

21         CONSUMER SERVICES IN TALLAHASSEE, FLORIDA.

22

23                  ESTIMATE OF TOTAL COST

24         PURSUANT TO STATE LAW, YOU ARE ENTITLED TO A

25         WRITTEN ESTIMATE OF THE TOTAL COST OF YOUR

26         MOVE. IT IS A VIOLATION OF STATE LAW IF THE

27         TOTAL COST OF YOUR MOVE EXCEEDS THE AMOUNT OF

28         YOUR WRITTEN ESTIMATE UNLESS CIRCUMSTANCES

29         PREVIOUSLY UNKNOWN TO THE MOVER PREVENT THE

30         MOVER FROM OBTAINING REASONABLE ACCESS TO THE

31         POINT OF DESTINATION. THE MOVER SHALL ALLOW YOU

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  1         AT LEAST 90 DAYS TO PAY THE EXCESS AMOUNT, IF

  2         ANY. PLEASE REVIEW THIS DOCUMENT TO MAKE SURE

  3         THE ESTIMATE IS COMPLETE.

  4

  5         (d)  This section does not require a prospective

  6  shipper to enter into a contract for service with a mover

  7  based upon the issuance of a written estimate.

  8         (e)  The written estimate and disclosure may be

  9  provided on the same form as the contract for service.

10         (f)  A mover may not provide an oral estimate to a

11  prospective shipper without subsequently providing the

12  estimate in written form as required by this section.

13         (6)  CONTRACT FOR SERVICE.--

14         (a)  Before performing any service on behalf of a

15  shipper, including loading a shipper's household goods into a

16  moving truck, the mover must prepare a written contract for

17  service which must be approved, signed, timed, and dated by

18  the shipper or the shipper's agent and the mover. The mover

19  must provide the shipper with a copy of the contract.

20         (b)  The contract for service must clearly and

21  conspicuously disclose, at a minimum:

22         1.  The current name, telephone number, permit number,

23  and physical address of the mover at which employees of the

24  mover are available during normal business hours, as well as

25  the current name and address of the mover's registered agent.

26         2.  The name and address of the shipper, including each

27  address at which the items are to be picked up from and

28  delivered to, if known, and, if available, the telephone

29  number of the shipper.

30

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  1         3.  The name, telephone number, and physical address of

  2  the storage facility or warehouse where the household goods

  3  will be held pending further transportation, if applicable.

  4         4.  The agreed pickup and delivery dates or the period

  5  within which pickup, delivery, or the entire move will be

  6  accomplished. Unless the household goods are to be held in

  7  storage, the date of delivery or the period within which

  8  pickup, delivery, or the entire move will be accomplished must

  9  be a specified date or period and may not be a period of

10  indeterminate length.

11         5.  A complete itemized description, consistent with

12  the written estimate, of the costs for transportation and

13  accessorial services to be provided during a move or storage

14  of household goods. The mover must provide a total of all

15  costs to the shipper.

16         6.  The method of payment, subject to subsection (9).

17         7.  The maximum amount required to be paid by the

18  shipper to the mover at the time of delivery, subject to

19  subsection (8).

20         8.  The name and telephone number of any other person

21  who is designated in writing by the shipper to authorize

22  pickup or delivery of any item.

23         9.  A brief description of the mover's procedure for

24  handling complaints, which must include a physical address and

25  telephone number at which the shipper may contact the mover.

26  The procedure must allow at least 60 days following a move in

27  which the shipper may file a complaint.

28         10.  If the cost for services provided is based on

29  weight, a statement specifying that the shipper has a right to

30  observe any weighing before and after loading. All household

31  goods must be weighed on a scale certified by the department

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  1  and the mover shall retain and supply weight tickets to the

  2  shipper or department upon request.

  3         (7)  DISCLOSURE STATEMENT REQUIRED.--The contract for

  4  service provided by a mover to a shipper must include the

  5  following disclosure in bold capitalized letters of at least

  6  14-point type on a separate page, with a copy given to the

  7  shipper before the mover performs any service, including

  8  loading the shipper's household goods into a loading truck:

  9

10                  PLEASE READ CAREFULLY

11         IF YOU HAVE A QUESTION OR COMPLAINT, PLEASE

12         CONTACT THE DEPARTMENT OF AGRICULTURE AND

13         CONSUMER SERVICES IN TALLAHASSEE, FLORIDA

14

15                   CONTRACT FOR SERVICE

16         THIS CONTRACT FOR SERVICE IS REQUIRED BY STATE

17         LAW AND MUST INCLUDE ALL OF THE TERMS AND COSTS

18         ASSOCIATED WITH YOUR MOVE. IN ORDER FOR THE

19         CONTRACT FOR SERVICE TO BE ACCURATE, YOU MUST

20         DISCLOSE ALL INFORMATION RELEVANT TO THE MOVE

21         TO THE MOVER. STATE LAW REQUIRES THAT A MOVER

22         DELIVER YOUR HOUSEHOLD GOODS AND COMPLETE YOUR

23         MOVE UPON PAYMENT OF NO MORE THAN THE MAXIMUM

24         AMOUNT STATED IN THE CONTRACT.

25

26         (8)  CHARGES IN EXCESS OF WRITTEN ESTIMATE, UNLAWFUL

27  CHARGES, REFUSAL TO RELINQUISH HOUSEHOLD GOODS PROHIBITED;

28  PAYMENT OF CHARGES IN EXCESS OF WRITTEN ESTIMATE OR CONTRACT

29  FOR SERVICE.--

30         (a)  Except as provided in paragraph (c), a mover,

31  subsequent to loading any household goods of a shipper, may

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  1  not charge a fee for services in excess of the written

  2  estimate.

  3         (b)  A mover may not refuse to relinquish to a shipper

  4  any of the shipper's household goods, fail to place household

  5  goods inside a shipper's dwelling, or fail to complete in a

  6  timely manner all transportation and accessorial services

  7  required to be performed under the contract for service solely

  8  because the shipper has refused to pay for, or agree to, a fee

  9  in excess of the written estimate. Except as expressly

10  provided in paragraph (c), a mover may not change the fee for

11  services after the mover has taken possession of household

12  goods.

13         (c)  A mover may increase the contract amount if

14  circumstances of which the mover had no prior knowledge

15  prevent the mover from obtaining reasonable access to the

16  place of destination. The mover must provide a written

17  explanation to the shipper of the charges in excess of the

18  written estimate, including a complete description of the

19  circumstances that prevented reasonable access to the place of

20  destination and the total cost of any additional service. The

21  written explanation must be signed by the shipper. The shipper

22  has 30 days following completion of the move in which to pay

23  the excess amount.

24         (d)  If circumstances preventing the mover from

25  obtaining reasonable access to the place of destination

26  justify a modification of the contract amount under paragraph

27  (c), the mover shall immediately relinquish to the shipper all

28  of the shipper's household goods and shall complete in a

29  timely manner all transportation and accessorial services

30  required to be performed under the contract for services.

31

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    Florida Senate - 2001                            CS for SB 340
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  1         (e)  In any action by a mover to recover additional

  2  charges under paragraph (c), the mover has the burden of

  3  proving that circumstances at the point of destination

  4  prohibited reasonable access and that the additional charges

  5  were reasonable in relation to the changed circumstances and

  6  the original contract price.

  7         (9)  ACCEPTABLE FORMS OF PAYMENT.--

  8         (a)  Subject to paragraph (b), a mover shall accept at

  9  least two of the following categories of payment:

10         1.  Cash, cashier's check, money order, or traveler's

11  check;

12         2.  Personal check, showing upon its face the name and

13  address of the shipper or authorized representative; or

14         3.  Credit card, charge card, or debit card, including,

15  but not limited to, VISA and MasterCard.

16         (b)  A mover must clearly and conspicuously disclose in

17  the contract for service and in the written estimate the

18  methods of payment that the mover accepts. If the mover

19  verifies that the shipper's checking account carries

20  insufficient funds to cover the amount of the check or that

21  the shipper's credit card does not have a sufficient credit

22  limit to cover the contract charge, the mover may require an

23  alternate form of payment.

24         (c)  A mover may not refuse to relinquish to a shipper

25  any of the shipper's household goods or fail to complete in a

26  timely manner all transportation and accessorial services

27  required to be performed under the contract for service solely

28  because the shipper elects one of the forms of payment

29  disclosed as acceptable in the contract for service or in the

30  written estimate.

31         (10)  ENFORCEMENT AND PENALTIES.--

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  1         (a)  Any person who fails to comply with this section

  2  commits a civil infraction and shall pay a fine not to exceed

  3  $500 per violation and may be sentenced to not more than 60

  4  days' imprisonment. Each day of continuing violation

  5  constitutes a separate offense. In addition to the sanctions

  6  contained in this paragraph, the department may take any other

  7  appropriate legal action, including, but not limited to,

  8  issuing a cease and desist order, taking other administrative

  9  action, or requesting a temporary or permanent injunction. The

10  remedies provided by this paragraph are cumulative and do not

11  affect the availability of other remedies provided by law.

12         (b)  Any authorized agent of the department or law

13  enforcement officer may issue a citation upon probable cause

14  that a person has violated this section. The department shall

15  provide a serially numbered uniform citation form to notify a

16  person of an alleged violation of this section. Any person

17  issued a citation must comply with any directive on the

18  citation.

19         (c)  A person issued a citation may pay the fine by

20  mail or in person to the department within the time specified

21  on the citation. Payment of the fine is an admission of the

22  infraction and the person waives his or her right to a hearing

23  on the issue of commission of the infraction. The proceeds of

24  any fines collected under this paragraph shall be deposited

25  into the department's Operating Trust Fund and used to

26  administer this section. In addition, the fees collected by

27  the courts under sections 938.01, 938.17, and 938.19, Florida

28  Statutes, shall be assessed against any person convicted of

29  violating this section.

30         (d)  A person may appear before a court having

31  jurisdiction of misdemeanors to contest a citation issued

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  1  under this section. The court, after a hearing, shall

  2  determine whether a violation has occurred and may impose a

  3  civil penalty that may not exceed $1,000, plus court costs. If

  4  a person fails to pay the civil penalty or fails to appear in

  5  court to contest the citation, the person waives his or her

  6  right to contest the citation, a default judgment may be

  7  entered, and the judge shall impose a fine. If the fine is not

  8  paid, judgment may be entered up to the maximum civil penalty.

  9         (e)  Any person who is cited for violating this section

10  shall sign and accept the citation indicating a promise to pay

11  the fine or appear in court. Any person who willfully refuses

12  to sign and accept a citation commits a misdemeanor of the

13  second degree, punishable as provided in section 775.082 or

14  section 775.083, Florida Statutes.

15         (f)  The department may require any person who commits

16  a third or subsequent violation of this section to appear in

17  court. The citation must clearly inform the person of any

18  mandatory court appearance. The department shall maintain

19  records showing the number of citations issued to a person.

20         (g)  Any person who violates paragraph (8)(b) or

21  paragraph (9)(c) commits a felony of the third degree,

22  punishable as provided in section 775.082 or section 775.083,

23  Florida Statutes.

24         (h)  The department shall enforce this section and the

25  Department of Legal Affairs may prosecute violations of this

26  section under the Florida Deceptive and Unfair Trade Practices

27  Act, part II of chapter 501, Florida Statutes.

28         (i)  Authorized personnel of the department may enter

29  the business premises of a mover to ascertain whether the

30  mover is in compliance with this section. If department

31  personnel are unreasonably refused entry or access to the

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    Florida Senate - 2001                            CS for SB 340
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  1  business premises of a mover, the department shall obtain an

  2  inspection warrant under sections 933.20-933.30, Florida

  3  Statutes, to ascertain compliance with this section.

  4         Section 2.  Paragraph (a) of subsection (1) of section

  5  895.02, Florida Statutes, is amended to read:

  6         895.02  Definitions.--As used in ss. 895.01-895.08, the

  7  term:

  8         (1)  "Racketeering activity" means to commit, to

  9  attempt to commit, to conspire to commit, or to solicit,

10  coerce, or intimidate another person to commit:

11         (a)  Any crime which is chargeable by indictment or

12  information under the following provisions of the Florida

13  Statutes:

14         1.  Section 210.18, relating to evasion of payment of

15  cigarette taxes.

16         2.  Section 403.727(3)(b), relating to environmental

17  control.

18         3.  Section 414.39, relating to public assistance

19  fraud.

20         4.  Section 409.920, relating to Medicaid provider

21  fraud.

22         5.  Section 440.105 or s. 440.106, relating to workers'

23  compensation.

24         6.  Part IV of chapter 501, relating to telemarketing.

25         7.  Chapter 517, relating to sale of securities and

26  investor protection.

27         8.  Section 550.235, s. 550.3551, or s. 550.3605,

28  relating to dogracing and horseracing.

29         9.  Chapter 550, relating to jai alai frontons.

30         10.  Chapter 552, relating to the manufacture,

31  distribution, and use of explosives.

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  1         11.  Chapter 560, relating to money transmitters, if

  2  the violation is punishable as a felony.

  3         12.  Chapter 562, relating to beverage law enforcement.

  4         13.  Section 624.401, relating to transacting insurance

  5  without a certificate of authority, s. 624.437(4)(c)1.,

  6  relating to operating an unauthorized multiple-employer

  7  welfare arrangement, or s. 626.902(1)(b), relating to

  8  representing or aiding an unauthorized insurer.

  9         14.  Section 655.50, relating to reports of currency

10  transactions, when such violation is punishable as a felony.

11         15.  Chapter 687, relating to interest and usurious

12  practices.

13         16.  Section 721.08, s. 721.09, or s. 721.13, relating

14  to real estate timeshare plans.

15         17.  Chapter 782, relating to homicide.

16         18.  Chapter 784, relating to assault and battery.

17         19.  Chapter 787, relating to kidnapping.

18         20.  Chapter 790, relating to weapons and firearms.

19         21.  Section 796.03, s. 796.04, s.  796.05, or s.

20  796.07, relating to prostitution.

21         22.  Chapter 806, relating to arson.

22         23.  Section 810.02(2)(c), relating to specified

23  burglary of a dwelling or structure.

24         24.  Chapter 812, relating to theft, robbery, and

25  related crimes.

26         25.  Chapter 815, relating to computer-related crimes.

27         26.  Chapter 817, relating to fraudulent practices,

28  false pretenses, fraud generally, and credit card crimes.

29         27.  Chapter 825, relating to abuse, neglect, or

30  exploitation of an elderly person or disabled adult.

31

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    Florida Senate - 2001                            CS for SB 340
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  1         28.  Section 827.071, relating to commercial sexual

  2  exploitation of children.

  3         29.  Chapter 831, relating to forgery and

  4  counterfeiting.

  5         30.  Chapter 832, relating to issuance of worthless

  6  checks and drafts.

  7         31.  Section 836.05, relating to extortion.

  8         32.  Chapter 837, relating to perjury.

  9         33.  Chapter 838, relating to bribery and misuse of

10  public office.

11         34.  Chapter 843, relating to obstruction of justice.

12         35.  Section 847.011, s. 847.012, s. 847.013, s.

13  847.06, or s. 847.07, relating to obscene literature and

14  profanity.

15         36.  Section 849.09, s. 849.14, s. 849.15, s. 849.23,

16  or s. 849.25, relating to gambling.

17         37.  Chapter 874, relating to criminal street gangs.

18         38.  Chapter 893, relating to drug abuse prevention and

19  control.

20         39.  Chapter 896, relating to offenses related to

21  financial transactions.

22         40.  Sections 914.22 and 914.23, relating to tampering

23  with a witness, victim, or informant, and retaliation against

24  a witness, victim, or informant.

25         41.  Sections 918.12 and 918.13, relating to tampering

26  with jurors and evidence.

27         42.  Section 1 of this act, relating to the regulation

28  of movers, if the violation is punishable as a felony.

29         Section 3.  If any provision of this act or its

30  application to any person or circumstance is held invalid, the

31  invalidity does not affect other provisions or applications of

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  1  the act which can be given effect without the invalid

  2  provision or application, and to this end the provisions of

  3  this act are severable.

  4         Section 4.  This act shall take effect July 1, 2001.

  5

  6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  7                         Senate Bill 340

  8

  9  The Committee Substitute for SB 340:

10  -Provides that an application for an initial renewal operating
    permit may be denied on the basis that the applicant has
11  previously attempted to operate without a permit required
    under the Movers Regulation Act.
12
    -Deletes provisions authorizing a mover to require a deposit.
13
    -Reduces the time that a shipper has to pay charges in excess
14  of the written estimate from 90 to 30 days.

15  -Deletes a provision making it a felony for a mover to timely
    comply with all contract provisions when the mover does not
16  have reasonable access to the destination.

17  -Deletes provisions relating to local ordinances, with the
    result that the bill no longer allows more restrictive local
18  ordinances.

19

20

21

22

23

24

25

26

27

28

29

30

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