CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                                   Bill No. HB 893

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  The Committee on Business Regulation offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

17         Section 1.  Definitions.--For the purposes of this act,

18  the term:

19         (1)  "Accessorial services" means any service performed

20  by a mover which results in a charge to the shipper and is

21  incidental to the transportation service, including, but not

22  limited to, valuation coverage; preparation of written

23  inventory; storage, packing, unpacking, or crating of

24  articles; hoisting or lowering; waiting time; long carry,

25  which is defined as carrying articles excessive distances

26  between the mover's vehicle and the residence; overtime

27  loading and unloading; reweighing; disassembly or reassembly;

28  elevator or stair carrying; boxing or servicing of appliances;

29  and furnishing of packing or crating materials. Accessorial

30  services also include services not performed by the mover but

31  by a third party at the request of the shipper or mover, if

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 893

    Amendment No. 1 (for drafter's use only)





  1  the charges for such services are to be paid to the mover by

  2  the shipper at or prior to the time of delivery.

  3         (2)  "Compensation" means money, fee, emolument, quid

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

  5  or satisfaction.

  6         (3)  "Contract for service" or "bill of lading" means a

  7  written document which authorizes services from the named

  8  mover and lists the services and all costs associated with the

  9  transportation of household goods and accessorial services to

10  be performed.

11         (4)  "Department" means the Department of Agriculture

12  and Consumer Services.

13         (5)  "Estimate" means a written document which sets

14  forth the total cost and the basis of such costs related to a

15  shipper's move, which shall include, but not be limited to,

16  transportation or accessorial services.

17         (6)  "Household goods" means personal effects or other

18  personal property found in a home, personal residence, storage

19  facility, or other location, including property in a

20  storehouse or warehouse facility that is owned or rented by a

21  shipper or shipper's agent, but does not include freight or

22  personal property moving to or from a factory, store, or other

23  place of business.

24         (7)  "Mover" means any person who engages in the

25  transportation or shipment of household goods for

26  compensation.

27         (8)  "Shipper" means any person who uses the services

28  of a mover to transport or ship household goods.

29         (9)  "Storage" means warehousing of the shipper's goods

30  while under the care, custody, and control of the mover.

31         Section 2.  Construction; intent; application.--

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 893

    Amendment No. 1 (for drafter's use only)





  1         (1)  The provisions of this act shall be construed

  2  liberally to:

  3         (a)  Establish the law of this state governing the

  4  transportation, shipment, and affiliated storage of household

  5  goods.

  6         (b)  Address moving practices in this state in a manner

  7  not inconsistent with federal law relating to consumer

  8  protection.

  9         (2)  The provisions of this act shall apply to the

10  operations of any mover engaged in the intrastate

11  transportation of household goods, except this act shall not

12  be construed to include shipments contracted by the United

13  States, the state, or any local government or political

14  subdivision of the state. The provisions of this act shall

15  only apply to the transportation of household goods

16  originating in this state and terminating in this state.

17         (3)  It is the intent of this act to secure the

18  satisfaction and confidence of shippers and members of the

19  public when using a mover.

20         (4)  Nothing in this act shall be construed to remove

21  the authority or jurisdiction of any federal agency with

22  respect to goods or services regulated or controlled under

23  other provisions of law.

24         Section 3.  Registration.--

25         (1)  Each mover shall annually register with the

26  department, providing its legal business and trade name,

27  mailing address, and business locations; the full names,

28  addresses, telephone numbers, and social security numbers of

29  its owners or corporate officers and directors and the Florida

30  agent of the corporation; a statement whether it is a domestic

31  or foreign corporation, its state and date of incorporation,

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 893

    Amendment No. 1 (for drafter's use only)





  1  its charter number, and, if a foreign corporation, the date it

  2  registered with the State of Florida, and occupational license

  3  where applicable; the date on which a mover registered its

  4  fictitious name if the mover is operating under a fictitious

  5  or trade name; the name of all other corporations, business

  6  entities, and trade names through which each owner of the

  7  mover operated, was known, or did business as a mover within

  8  the preceding 5 years; and proof of purchase of adequate bond

  9  or establishment of a letter of credit or certificate of

10  deposit as required in this act.

11         (2)  A certificate evidencing proof of registration

12  shall be issued by the department and must be prominently

13  displayed in the mover's primary place of business.

14         (3)  Registration fees shall be $300 per year per

15  mover. All amounts collected shall be deposited by the

16  Treasurer to the credit of the General Inspection Trust Fund

17  of the department for the sole purpose of administration of

18  this act.

19         (4)  Any person applying for or renewing a local

20  license or registration to engage in business as a mover must

21  exhibit a current registration certificate from the department

22  before the local license or registration may be issued or

23  reissued.

24         (5)  Each contract of a mover must include the phrase

25  "...(NAME OF FIRM)... is registered with the State of Florida

26  as a Mover. Registration No. ....."

27         (6)  Each advertisement of a mover must include the

28  phrase "Fla. Mover Reg. No. ....."

29         (7)  No registration shall be valid for any mover

30  transacting business at any place other than that designated

31  in its application, unless the department is first notified in

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 893

    Amendment No. 1 (for drafter's use only)





  1  writing in advance of any change of location. A registration

  2  issued under this act shall not be assignable, and the mover

  3  shall not be permitted to conduct business under more than one

  4  name except as registered. A mover desiring to change its

  5  registered name or location or designated agent for service of

  6  process at a time other than upon renewal of registration

  7  shall notify the department of such change.

  8         (8)  The department may deny or refuse to renew the

  9  registration of any mover based upon a determination that the

10  mover, or any of its directors, officers, owners, or general

11  partners:

12         (a)  Has failed to meet the requirements for

13  registration as provided in this act;

14         (b)  Has been convicted of a crime involving fraud,

15  dishonest dealing, or any other act of moral turpitude;

16         (c)  Has not satisfied a civil fine or penalty arising

17  out of any administrative or enforcement action brought by any

18  governmental agency or private person based upon conduct

19  involving fraud, dishonest dealing, or any violation of this

20  act;

21         (d)  Has pending against him or her any criminal,

22  administrative, or enforcement proceedings in any

23  jurisdiction, based upon conduct involving fraud, dishonest

24  dealing, or any other act of moral turpitude; or

25         (e)  Has had a judgment entered against him or her in

26  any action brought by the department or the Department of

27  Legal Affairs pursuant to this act or ss. 501.201-501.213,

28  Florida Statutes, the Florida Deceptive and Unfair Trade

29  Practices Act.

30         Section 4.  Security requirements.--

31         (1)  An application must be accompanied by a

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 893

    Amendment No. 1 (for drafter's use only)





  1  performance bond in the amount of $25,000. The surety on such

  2  bond shall be a surety company authorized to do business in

  3  the state.

  4         (2)  In lieu of the performance bond required in

  5  subsection (1), an applicant for registration may establish a

  6  certificate of deposit or an irrevocable letter of credit in a

  7  Florida banking institution in the amount of $25,000. The

  8  department shall be the beneficiary to this certificate of

  9  deposit, and the original shall be filed with the department.

10  Any such letter of credit shall provide that the issuer will

11  give the department not less than 120 days' written notice

12  prior to terminating or refusing to renew the letter of

13  credit.

14         (3)  The performance bond, letter of credit, or

15  certificate of deposit shall be in favor of the department for

16  the use and benefit of any customer who is injured by the

17  fraud, misrepresentation, breach of contract, financial

18  failure, or violation of any provision of this act by the

19  mover. Such liability may be enforced either by proceeding in

20  an administrative action as specified in subsection (4) or by

21  filing a judicial suit at law in a court of competent

22  jurisdiction. However, in such court suit the performance

23  bond, letter of credit, or certificate of deposit posted with

24  the department shall not be amenable or subject to any

25  judgment or other legal process issuing out of or from such

26  court in connection with such lawsuit, but such performance

27  bond, letter of credit, or certificate of deposit shall be

28  amenable to and enforceable only by and through administrative

29  proceedings before the department. It is the intent of the

30  Legislature that such performance bond, letter of credit, or

31  certificate of deposit shall be applicable and liable only for

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 893

    Amendment No. 1 (for drafter's use only)





  1  the payment of claims duly adjudicated by order of the

  2  department. The performance bond, letter of credit, or

  3  certificate of deposit shall be open to successive claims, but

  4  the aggregate amount may not exceed the amount of the

  5  performance bond, letter of credit, or certificate of deposit.

  6         (4)  Any shipper may file a claim against the

  7  performance bond, letter of credit, or certificate of deposit

  8  which shall be made in writing to the department within 180

  9  days after an alleged violation has occurred or is discovered

10  to have occurred. The proceedings shall be held in accordance

11  with chapter 120, Florida Statutes.

12         (5)  The department may waive the performance bond,

13  letter of credit, or certificate of deposit requirement on an

14  annual basis if the mover has had 5 or more consecutive years

15  of experience as a mover in Florida in compliance with this

16  act; has not had any civil, criminal, or administrative action

17  instituted against the mover by any governmental agency or any

18  action involving fraud, theft, misappropriation of property,

19  or moral turpitude; and has a satisfactory consumer complaint

20  history with the department. Such waiver may be revoked if the

21  mover violates any provision of this act.

22         Section 5.  Estimates and contracts for service.--A

23  contract and estimate provided to a prospective shipper must

24  be in writing and include:

25         (1)  The name, telephone number, and physical address

26  where the mover's employees are available during normal

27  business hours.

28         (2)  The date and time the contract or estimate is

29  prepared and any proposed date of the move.

30         (3)  The name and address of the shipper, the addresses

31  where the items are to be picked up and delivered, and a

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 893

    Amendment No. 1 (for drafter's use only)





  1  telephone number where the shipper may be reached.

  2         (4)  The name, telephone number, and physical address

  3  of any location where the goods will be held pending further

  4  transportation, including situations where the mover retains

  5  possession of goods pending resolution of a fee dispute with

  6  the shipper.

  7         (5)  An itemized breakdown and description and total of

  8  all costs and services for transportation and accessorial

  9  services to be provided during a move or storage of household

10  goods.

11         (6)  The accepted methods of payment.

12         Section 6.  Violations.--It is a violation of this act

13  to:

14         (1)  Conduct business as a mover without first being

15  registered annually with the department.

16         (2)  Conduct business as a mover without a performance

17  bond, a letter of credit, or a certificate of deposit.

18         (3)  Knowingly make any false statement,

19  representation, or certification in any application, document,

20  or record required to be submitted or retained under this act.

21         (4)  Knowingly require, request, encourage, or suggest,

22  directly or indirectly, that payment for the right to obtain a

23  contract for moving services or accessorial services must be

24  by credit card authorization or to otherwise announce a

25  preference for that method of payment over any other method

26  when no correct and true explanation for such preference is

27  stated.

28         (5)  Misrepresent in any manner the shipper's right to

29  cancel and to receive an appropriate refund for services

30  provided by the mover.

31         (6)  Misrepresent or deceptively represent:

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 893

    Amendment No. 1 (for drafter's use only)





  1         (a)  The contract for services, bill of lading, or

  2  inventory of household goods for the move estimated.

  3         (b)  The timeframe or schedule for delivery or storage

  4  of household goods estimated.

  5         (c)  The price, size, nature, extent, qualities, or

  6  characteristics of accessorial or moving services offered.

  7         (d)  The nature or extent of other goods, services, or

  8  amenities offered.

  9         (e)  A shipper's rights, privileges, or benefits.

10         (7)  Fail to inform a purchaser of a nonrefundable

11  cancellation policy prior to the mover accepting any

12  compensation, commission, or other valuable consideration.

13         (8)  Fail to honor and comply with all provisions of

14  the contract for services or bill of lading regarding the

15  purchaser's rights, benefits, and privileges thereunder.

16         (9)  Charge more than 10 percent above the cost of the

17  estimate of the contract unless authorized by the shipper

18  prior to pickup and transportation of the household goods. The

19  mover shall provide written justification for any amount

20  charged above the original estimate.

21         (10)  Withhold delivery of household goods or in any

22  way hold goods in storage against the expressed wishes of the

23  shipper as delineated in the contract for services.

24         (11)(a)  Include in any contract any provision

25  purporting to waive or limit any right or benefit provided to

26  shippers under this act.

27         (b)  Seek or solicit such waiver or acceptance of

28  limitation from a shipper concerning rights or benefits

29  provided under this act.

30         (c)  Use a local mailing address, registration

31  facility, drop box, or answering service in the promotion,

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 893

    Amendment No. 1 (for drafter's use only)





  1  advertising, solicitation, or sale of contracts, unless the

  2  mover's fixed business address is clearly disclosed during any

  3  telephone solicitation and is prominently and conspicuously

  4  disclosed on all solicitation materials and on the contract.

  5         (d)  Do any other act which constitutes fraud,

  6  misrepresentation, or failure to disclose a material fact.

  7         (e)  Refuse or fail, or for any of the mover's

  8  principal officers to refuse or fail, after notice, to produce

  9  any document or record or disclose any information required to

10  be produced or disclosed.

11         (f)  Knowingly make a material false statement in

12  response to any request or investigation by the department,

13  the Department of Legal Affairs, or the state attorney.

14         Section 7.  Deceptive and unfair trade practice.--Acts,

15  conduct, practices, omissions, failings, misrepresentations,

16  or nondisclosures which constitute a violation of this act

17  also constitute a deceptive and unfair trade practice for the

18  purpose of ss. 501.201-501.213, Florida Statutes, the Florida

19  Deceptive and Unfair Trade Practices Act, and administrative

20  rules adopted thereunder.

21         Section 8.  Administrative remedies; penalties.--

22         (1)  The department may enter an order doing one or

23  more of the following if the department finds that a mover or

24  person employed or contracted by a mover has violated or is

25  operating in violation of any of the provisions of this act or

26  the rules or orders issued thereunder:

27         (a)  Issuing a notice of noncompliance pursuant to s.

28  120.695, Florida Statutes.

29         (b)  Imposing an administrative fine not to exceed

30  $5,000 for each act or omission.

31         (c)  Directing that the person cease and desist

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 893

    Amendment No. 1 (for drafter's use only)





  1  specified activities.

  2         (d)  Refusing to register or revoking or suspending a

  3  registration.

  4         (e)  Placing the registrant on probation for a period

  5  of time, subject to such conditions as the department may

  6  specify.

  7         (2)  The administrative proceedings which could result

  8  in the entry of an order imposing any of the penalties

  9  specified in subsection (1) are governed by chapter 120,

10  Florida Statutes.

11         (3)  The department has the authority to adopt rules

12  pursuant to chapter 120, Florida Statutes, to implement this

13  section.

14         Section 9.  Civil penalties; remedies.--

15         (1)  The department may institute a civil action in a

16  court of competent jurisdiction to recover any penalties or

17  damages allowed in this act and for injunctive relief to

18  enforce compliance with this act.

19         (2)  The department may seek a civil penalty of up to

20  $5,000 for each violation of this act.

21         (3)  The department may seek restitution for and on

22  behalf of any shipper aggrieved or injured by a violation of

23  this act.

24         (4)  Any provision in a contract for services or bill

25  of lading from a mover that purports to waive, limit,

26  restrict, or avoid any of the duties, obligations, or

27  prescriptions of the mover, as provided in this act, is void

28  and unenforceable and against public policy.

29         (5)  The remedies provided in this act are in addition

30  to any other remedies available for the same conduct.

31         (6)  Upon motion of the department in any action

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 893

    Amendment No. 1 (for drafter's use only)





  1  brought under this act, the court may make appropriate orders,

  2  including appointment of a master or receiver or sequestration

  3  of assets, to reimburse shippers found to have been damaged,

  4  to carry out a consumer transaction in accordance with the

  5  shipper's reasonable expectations, or to grant other

  6  appropriate relief.

  7         Section 10.  Criminal penalties.--Any person or

  8  business that violates this act commits a misdemeanor of the

  9  first degree, punishable as provided in s. 775.082 or s.

10  775.083, Florida Statutes.

11         Section 11.  General Inspection Trust Fund;

12  payments.--Any moneys recovered by the department as a penalty

13  under this act shall be deposited in the General Inspection

14  Trust Fund.

15         Section 12.  Local preemption.--The provisions of this

16  act are not intended to preempt any municipality or county or

17  other political subdivision of this state which has authority

18  to require, levy, or collect any registration fee or tax or to

19  require the registration or bonding in any manner of any mover

20  unless that authority conflicts with any special or general

21  act of the Legislature.

22         Section 13.  This act shall take effect July 1, 2002.

23

24

25  ================ T I T L E   A M E N D M E N T ===============

26  And the title is amended as follows:

27  remove:  the entire title

28

29  and insert:

30                      A bill to be entitled

31         An act relating to regulation of movers;

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 893

    Amendment No. 1 (for drafter's use only)





  1         providing definitions; providing construction,

  2         intent, and application; providing for

  3         registration with the Department of Agriculture

  4         and Consumer Services; authorizing the

  5         department to adopt rules; providing for fees;

  6         providing for display of certain information;

  7         providing for local registration; providing

  8         requirements, procedures, criteria, and

  9         limitations; authorizing the department to

10         charge certain fees; providing for denial of or

11         refusal to renew registration; providing

12         security requirements and procedures; requiring

13         estimates of moving costs; providing

14         requirements and criteria; specifying

15         violations; providing that certain violations

16         constitute deceptive and unfair trade

17         practices; providing penalties; providing for

18         relief; providing for deposit of funds;

19         providing intent regarding preemption of local

20         laws; providing an effective date.

21

22

23

24

25

26

27

28

29

30

31

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