Amendment
Bill No. 0757

Amendment No. 090009

CHAMBER ACTION
Senate		House
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1	Representative Waters offered the following:
2
3	Amendment (with title amendment)
4	Remove lines 130-610 and insert:
5	other personal property commonly found in a home, personal
6	residence, storage facility, or other dwelling location,
7	including, but not limited to, household furniture. The term
8	property in a storehouse or warehouse facility that is owned or
9	rented by a shipper or shipper's agent, but does not include
10	freight or personal property moving to or from a factory, store,
11	or other place of business.
12	(8)  "Household move" or "move" means the loading of
13	household goods into a vehicle, moving container, or other mode
14	of transportation or shipment; the transportation or shipment of
15	those household goods; and the unloading of those household
16	goods, when the transportation or shipment originates and
17	terminates at one of the following ultimate locations,
18	regardless of whether the mover temporarily stores the goods
19	while en route between the originating and terminating
20	locations:
21	(a)  From one dwelling to another dwelling;
22	(b)  From a dwelling to a storehouse or warehouse that is
23	owned or rented by the shipper or the shipper's agent; or
24	(c)  From a storehouse or warehouse that is owned or rented
25	by the shipper or the shipper's agent to a dwelling.
26	(9)(8)  "Mover" means a any person who, for compensation,
27	contracts for or engages in the loading, transportation or
28	shipment, or unloading of household goods as part of a household
29	move for compensation. The term does not include a postal,
30	courier, envelope, or package service that does not advertise
31	itself as a mover or moving service.
32	(10)  "Moving broker" or "broker" means a person who, for
33	compensation, arranges for another person to load, transport or
34	ship, or unload household goods as part of a household move or
35	who, for compensation, refers a shipper to a mover by telephone,
36	postal or electronic mail, Internet website, or other means.
37	(11)  "Moving container" means a receptacle holding at
38	least 225 cubic feet of volume which is used to transport or
39	ship household goods as part of a household move.
40	(12)(9)  "Shipper" means a any person who uses the services
41	of a mover to transport or ship household goods as part of a
42	household move.
43	(13)(10)  "Storage" means the warehousing of a the
44	shipper's goods while under the care, custody, and control of
45	the mover.
46	Section 3.  Section 507.02, Florida Statutes, is amended to
47	read:
48	507.02  Construction; intent; application.--
49	(1)  The provisions of This chapter act shall be construed
50	liberally to:
51	(a)  Establish the law of this state governing the loading,
52	transportation or, shipment, unloading, and affiliated storage
53	of household goods as part of household moves.
54	(b)  Address household moving practices in this state in a
55	manner that is not inconsistent with federal law governing
56	relating to consumer protection.
57	(2)  The provisions of This chapter applies act shall apply
58	to the operations of any mover or moving broker engaged in the
59	intrastate transportation or shipment of household goods
60	originating in this state and terminating in this state., except
61	This chapter does act shall not apply be construed to include
62	shipments contracted by the United States, the state, or any
63	local government or political subdivision of the state. The
64	provisions of this act shall only apply to the transportation of
65	household goods originating in this state and terminating in
66	this state.
67	(3)  It is the intent of This chapter is intended act to
68	secure the satisfaction and confidence of shippers and members
69	of the public when using a mover.
70	(4)  Nothing in This chapter does not supersede act shall
71	be construed to remove the authority or jurisdiction of any
72	federal agency for with respect to goods or services regulated
73	or controlled under other provisions of law.
74	Section 4.  Section 507.03, Florida Statutes, is amended to
75	read:
76	507.03  Registration.--
77	(1)  Each mover and moving broker must shall annually
78	register with the department, providing its legal business and
79	trade name, mailing address, and business locations; the full
80	names, addresses, and telephone numbers of its owners or
81	corporate officers and directors and the Florida agent of the
82	corporation; a statement whether it is a domestic or foreign
83	corporation, its state and date of incorporation, its charter
84	number, and, if a foreign corporation, the date it registered
85	with the Department of State of Florida, and occupational
86	license where applicable; the date on which the a mover or
87	broker registered its fictitious name if the mover or broker is
88	operating under a fictitious or trade name; the name of all
89	other corporations, business entities, and trade names through
90	which each owner of the mover or broker operated, was known, or
91	did business as a mover or moving broker within the preceding 5
92	years; and proof of the insurance or alternative coverages
93	coverage as required under s. 507.04 by this act.
94	(2)  A certificate evidencing proof of registration shall
95	be issued by the department and must be prominently displayed in
96	the mover's or broker's primary place of business.
97	(3)  Registration fees shall be $300 per year per mover or
98	moving broker. All amounts collected shall be deposited by the
99	Chief Financial Officer to the credit of the General Inspection
100	Trust Fund of the department for the sole purpose of
101	administration of this chapter act.
102	(4)  Any mover or moving broker whose principal place of
103	business is located in a county or municipality that requires,
104	by local ordinance, a local license or registration to engage in
105	the business of moving and storage of household goods must shall
106	obtain the license or registration from the such county or
107	municipality. A mover or broker that obtains a such local
108	license or registration must shall also be required to pay the
109	state registration fee under subsection (3), and the department
110	shall issue the mover a state certificate of registration upon
111	submission of proof of the local license or registration by the
112	mover.
113	(5)  Each contract of a mover or moving broker must include
114	the phrase "(NAME OF FIRM) is registered with the State of
115	Florida as a Mover or Moving Broker. Registration No. ...."
116	(6)  Each advertisement of a mover or moving broker must
117	include the phrase "Fla. Mover Reg. No. ...." or "Fla. IM No.
118	...." Each of the mover's vehicles must clearly and
119	conspicuously display a sign on the driver's side door which
120	includes at least one of these phrases in lettering of at least
121	1.5 inches in height.
122	(7)  A No registration is not shall be valid for any mover
123	or broker transacting business at any place other than that
124	designated in the mover's or broker's its application, unless
125	the department is first notified in writing before in advance of
126	any change of location. A registration issued under this chapter
127	is act shall not be assignable, and the mover or broker may
128	shall not be permitted to conduct business under more than one
129	name except as registered. A mover or broker desiring to change
130	its registered name or location or designated agent for service
131	of process at a time other than upon renewal of registration
132	must shall notify the department of the such change.
133	(8)  The department may deny, or refuse to renew, or revoke
134	the registration of any mover or moving broker based upon a
135	determination that the mover or moving broker, or any of the
136	mover's or moving broker's its directors, officers, owners, or
137	general partners:
138	(a)  Has failed to meet the requirements for registration
139	as provided in this chapter act;
140	(b)  Has been convicted of a crime involving fraud,
141	dishonest dealing, or any other act of moral turpitude;
142	(c)  Has not satisfied a civil fine or penalty arising out
143	of any administrative or enforcement action brought by any
144	governmental agency or private person based upon conduct
145	involving fraud, dishonest dealing, or any violation of this
146	chapter act;
147	(d)  Has pending against him or her any criminal,
148	administrative, or enforcement proceedings in any jurisdiction,
149	based upon conduct involving fraud, dishonest dealing, or any
150	other act of moral turpitude; or
151	(e)  Has had a judgment entered against him or her in any
152	action brought by the department or the Department of Legal
153	Affairs under pursuant to this chapter act or ss. 501.201-
154	501.213, the Florida Deceptive and Unfair Trade Practices Act.
155	(9)  Each mover and moving broker shall provide evidence of
156	the current and valid insurance or alternative coverages
157	required under coverage as described in s. 507.04.
158	Section 5.  Section 507.04, Florida Statutes, is amended to
159	read:
160	(Substantial rewording of section. See
161	s. 507.04, F.S., for present text.)
162	507.04  Required insurance coverages; liability
163	limitations; valuation coverage.--
164	(1)  LIABILITY INSURANCE.--
165	(a)1.  Except as provided in paragraph (b), each mover
166	operating in this state must maintain current and valid
167	liability insurance coverage of at least $10,000 per shipment
168	for the loss or damage of household goods resulting from the
169	negligence of the mover or its employees or agents.
170	2.  The mover must provide the department with evidence of
171	liability insurance coverage before the mover is registered with
172	the department under s. 507.03. All insurance coverage
173	maintained by a mover must remain in effect throughout the
174	mover's registration period. A mover's failure to maintain
175	insurance coverage in accordance with this paragraph constitutes
176	an immediate threat to the public health, safety, and welfare.
177	If a mover fails to maintain insurance coverage, the department
178	may immediately suspend the mover's registration or eligibility
179	for registration and the mover must immediately cease operating
180	as a mover in this state. In addition, and notwithstanding the
181	availability of any administrative relief pursuant to chapter
182	120, the department may seek from the appropriate circuit court
183	an immediate injunction prohibiting the mover from operating in
184	this state until the mover complies with this paragraph, a civil
185	penalty not to exceed $5,000, and court costs.
186	(b)  A mover that operates two or fewer vehicles, in lieu
187	of maintaining the liability insurance coverage required under
188	paragraph (a), may, and each moving broker must, maintain one of
189	the following alternative coverages:
190	1.  A performance bond in the amount of $25,000, for which
191	the surety of the bond must be a surety company authorized to
192	conduct business in this state; or
193	2.  A certificate of deposit in a Florida banking
194	institution in the amount of $25,000.
195
196	The original bond or certificate of deposit must be filed with
197	the department and must designate the department as the sole
198	beneficiary. The department must use the bond or certificate of
199	deposit exclusively for the payment of claims to consumers who
200	are injured by the fraud, misrepresentation, breach of contract,
201	misfeasance, malfeasance, or financial failure of the mover or
202	moving broker or by a violation of this chapter by the mover or
203	broker. Liability for these injuries may be determined in an
204	administrative proceeding of the department or through a civil
205	action in a court of competent jurisdiction. However, claims
206	against the bond or certificate of deposit must only be paid, in
207	amounts not to exceed the determined liability for these
208	injuries, by order of the department in an administrative
209	proceeding. The bond or certificate of deposit is subject to
210	successive claims, but the aggregate amount of these claims may
211	not exceed the amount of the bond or certificate of deposit.
212	(2)  MOTOR VEHICLE INSURANCE.--Each mover operating in this
213	state must maintain current and valid motor vehicle insurance
214	coverage, including combined bodily injury and property damage
215	liability coverage in the following minimum amounts:
216	(a)  Fifty thousand dollars per occurrence for a commercial
217	motor vehicle with a gross weight of less than 35,000 pounds.
218	(b)  One hundred thousand dollars per occurrence for a
219	commercial motor vehicle with a gross weight of more than 35,000
220	pounds, but less than 44,000 pounds.
221	(c)  Three hundred thousand dollars per occurrence for a
222	commercial motor vehicle with a gross weight of 44,000 pounds or
223	more.
224	(3)  INSURANCE COVERAGES.--The insurance coverages required
225	under paragraph (1)(a) and subsection (2) must be issued by an
226	insurance company or carrier licensed to transact business in
227	this state under the Florida Insurance Code as defined in s.
228	624.01. The department shall require a mover to present a
229	certificate of insurance of the required coverages before
230	issuance or renewal of a registration certificate under s.
231	507.03. The department shall be named as a certificateholder in
232	the certificate and must be notified at least 30 days before any
233	changes in insurance coverage.
234	(4)  LIABILITY LIMITATIONS; VALUATION RATES.--A mover may
235	not limit its liability for the loss or damage of household
236	goods to a valuation rate that is less than 60 cents per pound
237	per article. A provision of a contract for moving services is
238	void if the provision limits a mover's liability to a valuation
239	rate that is less than this minimum rate. If a mover limits its
240	liability for a shipper's goods, the mover must disclose the
241	limitation, including the valuation rate, to the shipper in
242	writing at the time that the estimate and contract for services
243	is executed and before any moving or accessorial services are
244	provided. The disclosure must also inform the shipper of the
245	opportunity to purchase valuation coverage if the mover offers
246	that coverage under subsection (5).
247	(5)  VALUATION COVERAGE.--A mover may offer valuation
248	coverage to compensate a shipper for the loss or damage of the
249	shipper's household goods that are lost or damaged during a
250	household move. If a mover offers valuation coverage, the
251	coverage must indemnify the shipper for at least the minimum
252	valuation rate required under subsection (4). The mover must
253	disclose the terms of the coverage to the shipper in writing at
254	the time that the estimate and contract for services is executed
255	and before any moving or accessorial services are provided. The
256	disclosure must inform the shipper of the cost of the valuation
257	coverage, the valuation rate of the coverage, and the
258	opportunity to reject the coverage. If valuation coverage
259	compensates a shipper for at least the minimum valuation rate
260	required under subsection (4), the coverage satisfies the
261	mover's liability for the minimum valuation rate.
262	Section 6.  Section 507.05, Florida Statutes, is amended to
263	read:
264	507.05  Estimates and contracts for service.--Before Prior
265	to providing any moving or accessorial services, a contract and
266	estimate must be provided to a prospective shipper in writing,
267	must be signed and dated by the shipper and the mover, and must
268	include:
269	(1)  The name, telephone number, and physical address where
270	the mover's employees are available during normal business
271	hours.
272	(2)  The date the contract or estimate is prepared and any
273	proposed date of the move.
274	(3)  The name and address of the shipper, the addresses
275	where the articles items are to be picked up and delivered, and
276	a telephone number where the shipper may be reached.
277	(4)  The name, telephone number, and physical address of
278	any location where the goods will be held pending further
279	transportation, including situations where the mover retains
280	possession of goods pending resolution of a fee dispute with the
281	shipper.
282	(5)  An itemized breakdown and description and total of all
283	costs and services for loading, transportation or shipment,
284	unloading, and accessorial services to be provided during a
285	household move or storage of household goods.
286	(6)  Acceptable forms of payment.  A mover shall accept a
287	minimum of two of the three following forms of payment:
288	(a)  Cash, cashier's check, money order, or traveler's
289	check;
290	(b)  Valid personal check, showing upon its face the name
291	and address of the shipper or authorized representative; or
292	(c)  Valid credit card, which shall include, but not be
293	limited to, Visa or MasterCard.
294
295	A mover must shall clearly and conspicuously disclose to the
296	shipper in the estimate and contract for services the forms of
297	payments the mover will accept, including the forms of payment
298	from those categories described in paragraphs (a)-(c).
299	Section 7.  Section 507.06, Florida Statutes, is amended to
300	read:
301	507.06  Delivery and storage of household goods.--
302	(1)  A mover must relinquish household goods to a shipper
303	and must place the goods inside a shipper's dwelling or, if
304	directed by the shipper, inside a storehouse or warehouse that
305	is owned or rented by the shipper or the shipper's agent, unless
306	the shipper has not tendered payment in the amount specified in
307	a written contract or estimate signed and dated by the shipper.
308	A mover may not refuse to relinquish prescription medicines and
309	goods for use by children, including children's furniture,
310	clothing, or toys, under any circumstances.
311	(2)  A mover may not refuse to relinquish household goods
312	to a shipper or fail to place the goods inside a shipper's
313	dwelling or, if directed by the shipper, inside a storehouse or
314	warehouse that is owned or rented by the shipper or the
315	shipper's agent, based on the mover's refusal to accept an
316	acceptable form of payment.
317	(3)  A mover that lawfully fails to relinquish a shipper's
318	household goods may place the goods in storage until payment is
319	tendered; however, the mover must notify the shipper of the
320	location where the goods are stored and the amount due within 5
321	days after receipt of a written request for that information
322	from the shipper, which request must include the address where
323	the shipper may receive the notice. A mover may not require a
324	prospective shipper to waive any rights or requirements under
325	this section.
326	Section 8.  Section 507.07, Florida Statutes, is amended to
327	read:
328	507.07  Violations.--It is a violation of this chapter act
329	to:
330	(1)  Conduct business as a mover or moving broker, or
331	advertise to engage in the business of moving or offering to
332	move, without first being registered annually with the
333	department.
334	(2)  Knowingly make any false statement, representation, or
335	certification in any application, document, or record required
336	to be submitted or retained under this chapter act.
337	(3)  Misrepresent or deceptively represent:
338	(a)  The contract for services, bill of lading, or
339	inventory of household goods for the move estimated.
340	(b)  The timeframe or schedule for delivery or storage of
341	household goods estimated.
342	(c)  The price, size, nature, extent, qualities, or
343	characteristics of accessorial or moving services offered.
344	(d)  The nature or extent of other goods, services, or
345	amenities offered.
346	(e)  A shipper's rights, privileges, or benefits.
347	(4)  Fail to honor and comply with all provisions of the
348	contract for services or bill of lading regarding the
349	purchaser's rights, benefits, and privileges thereunder.
350	(5)  Withhold delivery of household goods or in any way
351	hold goods in storage against the expressed wishes of the
352	shipper if payment has been made as delineated in the estimate
353	or contract for services.
354	(6)(a)  Include in any contract any provision purporting to
355	waive or limit any right or benefit provided to shippers under
356	this chapter act.
357	(b)  Seek or solicit a such waiver or acceptance of
358	limitation from a shipper concerning rights or benefits provided
359	under this chapter act.
360	(c)  Use a local mailing address, registration facility,
361	drop box, or answering service in the promotion, advertising,
362	solicitation, or sale of contracts, unless the mover's, and, if
363	applicable, the moving broker's, fixed business address is
364	clearly disclosed during any telephone solicitation and is
365	prominently and conspicuously disclosed on all solicitation
366	materials and on the contract.
367	(d)  Commit Do any other act of which constitutes fraud,
368	misrepresentation, or failure to disclose a material fact.
369	(e)  Refuse or fail, or for any of the mover's or broker's
370	principal officers to refuse or fail, after notice, to produce
371	any document or record or disclose any information required to
372	be produced or disclosed.
373	(f)  Knowingly make a material false statement in response
374	to any request or investigation by the department, the
375	Department of Legal Affairs, or the state attorney.
376	Section 9.  Section 507.08, Florida Statutes, is amended to
377	read:
378	507.08  Deceptive and unfair trade practice.--Acts,
379	conduct, practices, omissions, failings, misrepresentations, or
380	nondisclosures committed in which constitute a violation of this
381	chapter are act also constitute a deceptive and unfair trade
382	practices under practice for the purpose of ss. 501.201-501.213,
383	the Florida Deceptive and Unfair Trade Practices Act, and
384	administrative rules adopted in accordance with the act
385	thereunder.
386	Section 10.  Section 507.09, Florida Statutes, is amended
387	to read:
388	507.09  Administrative remedies; penalties.--
389	(1)  The department may enter an order doing one or more of
390	the following if the department finds that a mover or moving
391	broker, or a person employed or contracted by a mover or broker,
392	has violated or is operating in violation of any of the
393	provisions of this chapter act or the rules or orders issued in
394	accordance with this chapter thereunder:
395	(a)  Issuing a notice of noncompliance under pursuant to s.
396	120.695.
397	(b)  Imposing an administrative fine not to exceed $5,000
398	for each act or omission.
399	(c)  Directing that the person cease and desist specified
400	activities.
401	(d)  Refusing to register or revoking or suspending a
402	registration.
403	(e)  Placing the registrant on probation for a period of
404	time, subject to the such conditions specified by as the
405	department may specify.
406	(2)  The administrative proceedings which could result in
407	the entry of an order imposing any of the penalties specified in
408	subsection (1) are governed by chapter 120.
409	(3)  The department may has the authority to adopt rules
410	under ss. 120.536(1) and 120.54 pursuant to chapter 120 to
411	administer implement this chapter act.
412	Section 11.  Section 507.10, Florida Statutes, is amended
413	to read:
414	507.10  Civil penalties; remedies.--
415	(1)  The department may institute a civil action in a court
416	of competent jurisdiction to recover any penalties or damages
417	authorized allowed in this chapter act and for injunctive relief
418	to enforce compliance with this chapter act.
419	(2)  The department may seek a civil penalty of up to
420	$5,000 for each violation of this chapter act.
421	(3)  The department may seek restitution for and on behalf
422	of any shipper aggrieved or injured by a violation of this
423	chapter act.
424	(4)  Any provision in a contract for services or bill of
425	lading from a mover or moving broker that purports to waive,
426	limit, restrict, or avoid any of the duties, obligations, or
427	prescriptions of the mover or broker, as provided in this
428	chapter act, is void and unenforceable and against public
429	policy.
430	(5)  The remedies provided in this chapter act are in
431	addition to any other remedies available for the same conduct,
432	including those provided in local ordinances.
433	(6)  Upon motion of the department in any action brought
434	under this chapter act, the court may make appropriate orders,
435	including appointment of a master or receiver or sequestration
436	of assets, to reimburse shippers found to have been damaged, to
437	carry out a consumer transaction in accordance with the
438	shipper's reasonable expectations, or to grant other appropriate
439	relief.
440	Section 12.  Section 507.11, Florida Statutes, is amended
441	to read:
442	507.11  Criminal penalties.--
443	(1)  The refusal of a mover or a mover's employee, agent,
444	or contractor to comply with an order from a law enforcement
445	officer to relinquish a shipper's household goods after the
446	officer determines that the shipper has tendered payment of the
447	amount of a written estimate or contract, or after the officer
448	determines that the mover did not produce a signed estimate or
449	contract upon which demand is being made for payment, is a
450	felony of the third degree, punishable as provided in s.
451	775.082, s. 775.083, or s. 775.084. A mover's compliance with an
452	order from a law enforcement officer to relinquish goods to a
453	shipper is not a waiver or finding of fact regarding any right
454	to seek further payment from the shipper.
455	(2)  Except as provided in subsection (1), any person or
456	business that violates this chapter act commits a misdemeanor of
457	the first degree, punishable as provided in s. 775.082 or s.
458	775.083.
459	Section 13.  Section 507.12, Florida Statutes, is amended
460	to read:
461	507.12  General Inspection Trust Fund; payments.--Any
462	moneys recovered by the department as a penalty under this
463	chapter act shall be deposited in the General Inspection Trust
464	Fund.
465	Section 14.  Section 507.13, Florida Statutes, is amended
466	to read:
467	507.13  Local regulation.--
468	(1)  The provisions of This chapter does act are not
469	intended to preempt local ordinances or regulations of a county
470	or municipality which that regulate transactions relating to
471	movers of household goods or moving brokers. As provided in s.
472	507.03(4), counties and municipalities may require, levy, or
473	collect any registration fee or tax or require the registration
474	or bonding in any manner of any mover or moving broker.
475	(2)  The department may enter into a cooperative agreement
476	with any county or municipality which that provides for the
477	referral, investigation, and prosecution of consumer complaints
478	alleging violations of this chapter act.
479
480	================ T I T L E  A M E N D M E N T =============
481	Remove lines 69-72 and insert:
482	providing for the adoption of rules;

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