Senate Bill sb0244c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                            CS for SB 244

    By the Committee on Banking and Insurance; and Senators Lynn
    and Aronberg




    597-1718-06

  1                      A bill to be entitled

  2         An act relating to moving and storage services;

  3         amending s. 83.803, F.S.; redefining the term

  4         "self-contained storage unit" to include

  5         smaller units; requesting the Division of

  6         Statutory Revision to redesignate the title of

  7         ch. 507, F.S.; amending s. 507.01, F.S.;

  8         revising and providing definitions; clarifying

  9         licensing requirements for household movers and

10         moving brokers; applying the licensing

11         requirements to moving brokers and certain

12         persons who transport or ship household goods

13         in moving containers; clarifying and conforming

14         provisions; amending s. 507.02, F.S.;

15         clarifying the construction, application, and

16         intent of the licensing requirements; amending

17         s. 507.03, F.S.; requiring moving brokers to

18         register with the Department of Agriculture and

19         Consumer Services; providing requirements and

20         fees for such registration; providing for a

21         certificate of registration; requiring the

22         certificate to be displayed; clarifying

23         registration requirements for household movers

24         and moving brokers; requiring brokers to obtain

25         a local registration or license when required

26         by the county or municipality where the

27         broker's principal place of business is

28         located; deleting provisions for issuance by

29         the department of a certificate of registration

30         when a mover submits proof of a local license

31         or registration; revising advertising

                                  1

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






    Florida Senate - 2006                            CS for SB 244
    597-1718-06




 1         requirements; requiring a mover's vehicles to

 2         display certain signage; providing for denial,

 3         refusal to renew, or revocation of registration

 4         of mover or moving broker; requiring brokers to

 5         provide evidence of certain insurance coverage;

 6         revising a requirement for movers to provide

 7         evidence of certain insurance coverage;

 8         amending s. 507.04, F.S.; clarifying

 9         requirements that a mover maintain certain

10         insurance coverages; requiring a mover to

11         submit evidence of liability insurance before

12         registration; providing requirements for

13         liability insurance coverage; authorizing the

14         Department of Agriculture and Consumer Services

15         to suspend a mover's registration and seek an

16         injunction in circuit court if the mover does

17         not maintain insurance coverage; providing

18         penalties; authorizing certain movers and

19         requiring moving brokers to maintain a

20         performance bond or certificate of deposit in

21         lieu of certain liability insurance coverage;

22         providing requirements for the performance bond

23         or certificate of deposit; providing for

24         payment of claims pursuant to a department

25         order in an administrative proceeding;

26         specifying that insurance coverages must be

27         issued by a licensed insurance company or

28         carrier; prohibiting certain limits of

29         liability for a mover's loss or damage of a

30         shipper's goods; requiring certain disclosures

31         of liability limitations; authorizing a mover

                                  2

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






    Florida Senate - 2006                            CS for SB 244
    597-1718-06




 1         to offer valuation coverage under specified

 2         conditions; providing that valuation coverage

 3         meeting specified conditions satisfies certain

 4         liability requirements of a mover; requiring

 5         certain disclosures of valuation coverage;

 6         amending s. 507.06, F.S.; revising provisions

 7         for delivery and storage of household goods;

 8         amending s. 507.07, F.S.; requiring that moving

 9         brokers annually register with the department;

10         revising provisions relating to prohibited acts

11         and violations; specifying that the making of

12         certain false statements is a violation of ch.

13         507, F.S., regardless of whether the statements

14         are material; clarifying and conforming

15         provisions; amending s. 507.11, F.S.; providing

16         penalties; amending ss. 507.05, 507.08, 507.09,

17         507.10, 507.12, and 507.13, F.S., relating to

18         estimates and contracts for service, deceptive

19         and unfair trade practices, administrative and

20         civil remedies and penalties, the General

21         Inspection Trust Fund, and local regulation;

22         providing for the application to moving

23         brokers; clarifying and conforming provisions;

24         providing for the adoption of rules; creating

25         s. 205.1975, F.S.; prohibiting a county or

26         municipality from issuing or renewing an

27         occupational license to a mover or moving

28         broker under certain circumstances; providing

29         an effective date.

30  

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

                                  3

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






    Florida Senate - 2006                            CS for SB 244
    597-1718-06




 1         Section 1.  Subsection (2) of section 83.803, Florida

 2  Statutes, is amended to read:

 3         83.803  Definitions.--As used in ss. 83.801-83.809:

 4         (2)  "Self-contained storage unit" means any unit not

 5  less than 200 600 cubic feet in size, including, but not

 6  limited to, a trailer, box, or other shipping container, which

 7  is leased by a tenant primarily for use as storage space

 8  whether the unit is located at a facility owned or operated by

 9  the owner or at another location designated by the tenant.

10         Section 2.  The Division of Statutory Revision is

11  requested to redesignate the title of chapter 507, Florida

12  Statutes, as "HOUSEHOLD MOVING SERVICES."

13         Section 3.  Section 507.01, Florida Statutes, is

14  amended to read:

15         507.01  Definitions.--As used in For the purposes of

16  this chapter act, the term:

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

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

19  incidental to the transportation or shipment of household

20  goods service, including, but not limited to, valuation

21  coverage; preparation of written inventory; equipment,

22  including dollies, hand trucks, pads, blankets, and straps;

23  storage, packing, unpacking, or crating of articles; hoisting

24  or lowering; waiting time; long carry, which is defined as

25  carrying articles excessive distances to or from between the

26  mover's vehicle, which may be cited as "long carry" and the

27  residence; overtime loading and unloading; reweighing;

28  disassembly or reassembly; elevator or stair carrying; boxing

29  or servicing of appliances; and furnishing of packing or

30  crating materials. The term includes Accessorial services also

31  include services not performed by the mover but performed by a

                                  4

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






    Florida Senate - 2006                            CS for SB 244
    597-1718-06




 1  third party at the request of the shipper or mover, if the

 2  charges for these such services are to be paid to the mover by

 3  the shipper at or before prior to the time of delivery.

 4         (2)  "Advertise" means to advise, announce, give notice

 5  of, publish, or call attention by use of oral, written, or

 6  graphic statement made in a newspaper or other publication or

 7  on radio or television, any electronic medium, or contained in

 8  any notice, handbill, sign, including signage on vehicle,

 9  flyer, catalog or letter, or printed on or contained in any

10  tag or label attached to or accompanying any good.

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

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

13  or satisfaction.

14         (4)  "Contract for service" or "bill of lading" means a

15  written document approved by the shipper in writing before

16  prior to the performance of any service which authorizes

17  services from the named mover and lists the services and all

18  costs associated with the transportation of household move

19  goods and accessorial services to be performed.

20         (5)  "Department" means the Department of Agriculture

21  and Consumer Services.

22         (6)  "Estimate" means a written document that which

23  sets forth the total costs, cost and describes the basis of

24  those such costs, relating related to a shipper's household

25  move, including which shall include, but not be limited to,

26  the loading, transportation or shipment, and unloading of

27  household goods and accessorial services.

28         (7)  "Household goods" or "goods" means personal

29  effects or other personal property commonly found in a home,

30  personal residence, storage facility, or other dwelling

31  location, including, but not limited to, household furniture.

                                  5

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






    Florida Senate - 2006                            CS for SB 244
    597-1718-06




 1  The term property in a storehouse or warehouse facility that

 2  is owned or rented by a shipper or shipper's agent, but does

 3  not include freight or personal property moving to or from a

 4  factory, store, or other place of business.

 5         (8)  "Household move" or "move" means the loading of

 6  household goods into a vehicle, moving container, or other

 7  mode of transportation or shipment; the transportation or

 8  shipment of those household goods; and the unloading of those

 9  household goods when the transportation or shipment originates

10  and terminates at one of the following ultimate locations,

11  regardless of whether the mover temporarily stores the goods

12  while en route between the originating and terminating

13  locations:

14         (a)  From one dwelling to another dwelling;

15         (b)  From a dwelling to a storehouse or warehouse that

16  is owned or rented by the shipper or the shipper's agent; or

17         (c)  From a storehouse or warehouse that is owned or

18  rented by the shipper or the shipper's agent to a dwelling.

19         (9)(8)  "Mover" means a any person who, for

20  compensation, contracts for or engages in the loading,

21  transportation or shipment, or unloading of household goods as

22  part of a household move for compensation. The term does not

23  include a postal, courier, envelope, or package service that

24  does not advertise itself as a mover or moving service.

25         (10)  "Moving broker" or "broker" means a person who,

26  for compensation, arranges for another person to load,

27  transport or ship, or unload household goods as part of a

28  household move or who, for compensation, refers a shipper to a

29  mover by telephone, postal or electronic mail, Internet

30  website, or other means.

31  

                                  6

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






    Florida Senate - 2006                            CS for SB 244
    597-1718-06




 1         (11)  "Moving container" means a receptacle holding at

 2  least 200 cubic feet of volume which is used to transport or

 3  ship household goods as part of a household move.

 4         (12)(9)  "Shipper" means a any person who uses the

 5  services of a mover to transport or ship household goods as

 6  part of a household move.

 7         (13)(10)  "Storage" means the warehousing of a the

 8  shipper's goods while under the care, custody, and control of

 9  the mover.

10         Section 4.  Section 507.02, Florida Statutes, is

11  amended to read:

12         507.02  Construction; intent; application.--

13         (1)  The provisions of This chapter act shall be

14  construed liberally to:

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

16  loading, transportation or, shipment, unloading, and

17  affiliated storage of household goods as part of household

18  moves.

19         (b)  Address household moving practices in this state

20  in a manner that is not inconsistent with federal law

21  governing relating to consumer protection.

22         (2)  The provisions of This chapter applies act shall

23  apply to the operations of any mover or moving broker engaged

24  in the intrastate transportation or shipment of household

25  goods originating in this state and terminating in this

26  state., except This chapter does act shall not apply be

27  construed to include shipments contracted by the United

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

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

30  only apply to the transportation of household goods

31  originating in this state and terminating in this state.

                                  7

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






    Florida Senate - 2006                            CS for SB 244
    597-1718-06




 1         (3)  It is the intent of This chapter is intended act

 2  to secure the satisfaction and confidence of shippers and

 3  members of the public when using a mover.

 4         (4)  Nothing in This chapter does not supersede act

 5  shall be construed to remove the authority or jurisdiction of

 6  any federal agency for with respect to goods or services

 7  regulated or controlled under other provisions of law.

 8         Section 5.  Section 507.03, Florida Statutes, is

 9  amended to read:

10         507.03  Registration.--

11         (1)  Each mover and moving broker must shall annually

12  register with the department, providing its legal business and

13  trade name, mailing address, and business locations; the full

14  names, addresses, and telephone numbers of its owners or

15  corporate officers and directors and the Florida agent of the

16  corporation; a statement whether it is a domestic or foreign

17  corporation, its state and date of incorporation, its charter

18  number, and, if a foreign corporation, the date it registered

19  with the Department of State of Florida, and occupational

20  license where applicable; the date on which the a mover or

21  broker registered its fictitious name if the mover or broker

22  is operating under a fictitious or trade name; the name of all

23  other corporations, business entities, and trade names through

24  which each owner of the mover or broker operated, was known,

25  or did business as a mover or moving broker within the

26  preceding 5 years; and proof of the insurance or alternative

27  coverages coverage as required under s. 507.04 by this act.

28         (2)  A certificate evidencing proof of registration

29  shall be issued by the department and must be prominently

30  displayed in the mover's or broker's primary place of

31  business.

                                  8

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






    Florida Senate - 2006                            CS for SB 244
    597-1718-06




 1         (3)  Registration fees shall be $300 per year per mover

 2  or moving broker. All amounts collected shall be deposited by

 3  the Chief Financial Officer to the credit of the General

 4  Inspection Trust Fund of the department for the sole purpose

 5  of administration of this chapter act.

 6         (4)  Any mover or moving broker whose principal place

 7  of business is located in a county or municipality that

 8  requires, by local ordinance, a local license or registration

 9  to engage in the business of moving and storage of household

10  goods must shall obtain the license or registration from the

11  such county or municipality. A mover or broker that obtains a

12  such local license or registration must shall also be required

13  to pay the state registration fee under subsection (3), and

14  the department shall issue the mover a state certificate of

15  registration upon submission of proof of the local license or

16  registration by the mover.

17         (5)  Each contract of a mover or moving broker must

18  include the phrase "(NAME OF FIRM) is registered with the

19  State of Florida as a Mover or Moving Broker. Registration No.

20  ............................................................."

21         (6)  Each advertisement of a mover or moving broker

22  must include the phrase "Fla. Mover Reg. No. ..."  or "Fla. IM

23  No. ........................................................."

24  Each of the mover's vehicles must clearly and conspicuously

25  display a sign on the driver's side door which includes at

26  least one of these phrases in lettering of at least 1.5 inches

27  in height.

28         (7)  A No registration is not shall be valid for any

29  mover or broker transacting business at any place other than

30  that designated in the mover's or broker's its application,

31  unless the department is first notified in writing before in

                                  9

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






    Florida Senate - 2006                            CS for SB 244
    597-1718-06




 1  advance of any change of location. A registration issued under

 2  this chapter is act shall not be assignable, and the mover or

 3  broker may shall not be permitted to conduct business under

 4  more than one name except as registered. A mover or broker

 5  desiring to change its registered name or location or

 6  designated agent for service of process at a time other than

 7  upon renewal of registration must shall notify the department

 8  of the such change.

 9         (8)  The department may deny, or refuse to renew, or

10  revoke the registration of any mover or moving broker based

11  upon a determination that the mover or moving broker, or any

12  of the mover's or moving broker's its directors, officers,

13  owners, or general partners:

14         (a)  Has failed to meet the requirements for

15  registration as provided in this chapter act;

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

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

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

19  out of any administrative or enforcement action brought by any

20  governmental agency or private person based upon conduct

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

22  chapter act;

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

24  administrative, or enforcement proceedings in any

25  jurisdiction, based upon conduct involving fraud, dishonest

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

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

28  any action brought by the department or the Department of

29  Legal Affairs under pursuant to this chapter act or ss.

30  501.201-501.213, the Florida Deceptive and Unfair Trade

31  Practices Act.

                                  10

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






    Florida Senate - 2006                            CS for SB 244
    597-1718-06




 1         (9)  Each mover or moving broker shall provide evidence

 2  of the current and valid insurance or alternative coverages

 3  required under coverage as described in s. 507.04.

 4         Section 6.  Section 507.04, Florida Statutes, is

 5  amended to read:

 6         (Substantial rewording of section. See

 7         s. 507.04, F.S., for present text.)

 8         507.04  Required insurance coverages; liability

 9  limitations; valuation coverage.--

10         (1)  LIABILITY INSURANCE.--

11         (a)1.  Except as provided in paragraph (b), each mover

12  operating in this state must maintain current and valid

13  liability insurance coverage of at least $10,000 per shipment

14  for the loss or damage of household goods resulting from the

15  negligence of the mover or its employees or agents.

16         2.  The mover must provide the department with evidence

17  of liability insurance coverage before the mover is registered

18  with the department under s. 507.03. All insurance coverage

19  maintained by a mover must remain in effect throughout the

20  mover's registration period. A mover's failure to maintain the

21  insurance coverage required by this paragraph constitutes an

22  immediate threat to the public health, safety, and welfare. If

23  a mover fails to maintain such insurance coverage, the

24  department may immediately suspend the mover's registration or

25  eligibility for registration and the mover must immediately

26  cease operating as a mover in this state. In addition, and

27  notwithstanding the availability of any administrative relief

28  pursuant to chapter 120, the department may seek from the

29  appropriate circuit court an immediate injunction prohibiting

30  the mover from operating in this state until the mover

31  

                                  11

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






    Florida Senate - 2006                            CS for SB 244
    597-1718-06




 1  complies with this paragraph, a civil penalty not to exceed

 2  $5,000, and court costs.

 3         (b)  A mover that operates two or fewer vehicles, in

 4  lieu of maintaining the liability insurance coverage required

 5  under paragraph (a), may, and each moving broker must,

 6  maintain one of the following alternative coverages:

 7         1.  A performance bond in the amount of $25,000, for

 8  which the surety of the bond must be a surety company

 9  authorized to conduct business in this state; or

10         2.  A certificate of deposit in a Florida banking

11  institution in the amount of $25,000.

12  

13  The original bond or certificate of deposit must be filed with

14  the department and must designate the department as the sole

15  beneficiary. The department must use the bond or certificate

16  of deposit exclusively for the payment of claims to consumers

17  who are injured by the fraud, misrepresentation, breach of

18  contract, misfeasance, malfeasance, or financial failure of

19  the mover or moving broker or by a violation of this chapter

20  by the mover or broker. Liability for these injuries may be

21  determined in an administrative proceeding of the department

22  or through a civil action in a court of competent

23  jurisdiction. However, claims against the bond or certificate

24  of deposit must only be paid, in amounts not to exceed the

25  determined liability for these injuries, by order of the

26  department in an administrative proceeding. The bond or

27  certificate of deposit is subject to successive claims, but

28  the aggregate amount of these claims may not exceed the amount

29  of the bond or certificate of deposit.

30         (2)  MOTOR VEHICLE INSURANCE.--Each mover operating in

31  this state must maintain current and valid motor vehicle

                                  12

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






    Florida Senate - 2006                            CS for SB 244
    597-1718-06




 1  insurance coverage, including combined bodily injury and

 2  property damage liability coverage in the following minimum

 3  amounts:

 4         (a)  Fifty thousand dollars per occurrence for a

 5  commercial motor vehicle with a gross weight of less than

 6  35,000 pounds.

 7         (b)  One hundred thousand dollars per occurrence for a

 8  commercial motor vehicle with a gross weight of more than

 9  35,000 pounds, but less than 44,000 pounds.

10         (c)  Three hundred thousand dollars per occurrence for

11  a commercial motor vehicle with a gross weight of 44,000

12  pounds or more.

13         (3)  INSURANCE COVERAGES.--The insurance coverages

14  required under paragraph (1)(a) and subsection (2) must be

15  issued by an insurance company or carrier licensed to transact

16  business in this state under the Florida Insurance Code as

17  defined in s. 624.01. The department shall require a mover to

18  present a certificate of insurance of the required coverages

19  before issuance or renewal of a registration certificate under

20  s. 507.03. The department shall be named as a

21  certificateholder in the certificate and must be notified at

22  least 30 days before any changes in insurance coverage.

23         (4)  LIABILITY LIMITATIONS; VALUATION RATES.--A mover

24  may not limit its liability for the loss or damage of

25  household goods to a valuation rate that is less than 60 cents

26  per pound per article. A provision of a contract for moving

27  services is void if the provision limits a mover's liability

28  to a valuation rate that is less than this minimum rate. If a

29  mover limits its liability for a shipper's goods, the mover

30  must disclose the limitation, including the valuation rate, to

31  the shipper in writing at the time that the estimate and

                                  13

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






    Florida Senate - 2006                            CS for SB 244
    597-1718-06




 1  contract for services is executed and before any moving or

 2  accessorial services are provided. The disclosure must also

 3  inform the shipper of the opportunity to purchase valuation

 4  coverage if the mover offers that coverage under subsection

 5  (5).

 6         (5)  VALUATION COVERAGE.--A mover may offer valuation

 7  coverage to compensate a shipper for the loss or damage of the

 8  shipper's household goods that are lost or damaged during a

 9  household move. If a mover offers valuation coverage, the

10  coverage must indemnify the shipper for at least the minimum

11  valuation rate required under subsection (4). The mover must

12  disclose the terms of the coverage to the shipper in writing

13  at the time that the estimate and contract for services is

14  executed and before any moving or accessorial services are

15  provided. The disclosure must inform the shipper of the cost

16  of the valuation coverage, the valuation rate of the coverage,

17  and the opportunity to reject the coverage. Valuation coverage

18  that compensates a shipper for at least the minimum valuation

19  rate required under subsection (4) satisfies the mover's

20  liability for the minimum valuation rate.

21         Section 7.  Section 507.05, Florida Statutes, is

22  amended to read:

23         507.05  Estimates and contracts for service.--Before

24  Prior to providing any moving or accessorial services, a

25  contract and estimate must be provided to a prospective

26  shipper in writing, must be signed and dated by the shipper

27  and the mover, and must include:

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

29  where the mover's employees are available during normal

30  business hours.

31  

                                  14

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






    Florida Senate - 2006                            CS for SB 244
    597-1718-06




 1         (2)  The date the contract or estimate is prepared and

 2  any proposed date of the move.

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

 4  where the articles items are to be picked up and delivered,

 5  and a telephone number where the shipper may be reached.

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

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

 8  transportation, including situations where the mover retains

 9  possession of goods pending resolution of a fee dispute with

10  the shipper.

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

12  all costs and services for loading, transportation or

13  shipment, unloading, and accessorial services to be provided

14  during a household move or storage of household goods.

15         (6)  Acceptable forms of payment.  A mover shall accept

16  a minimum of two of the three following forms of payment:

17         (a)  Cash, cashier's check, money order, or traveler's

18  check;

19         (b)  Valid personal check, showing upon its face the

20  name and address of the shipper or authorized representative;

21  or

22         (c)  Valid credit card, which shall include, but not be

23  limited to, Visa or MasterCard.

24  

25  A mover must shall clearly and conspicuously disclose to the

26  shipper in the estimate and contract for services the forms of

27  payments the mover will accept, including the forms of payment

28  from those categories described in paragraphs (a)-(c).

29         Section 8.  Section 507.06, Florida Statutes, is

30  amended to read:

31         507.06  Delivery and storage of household goods.--

                                  15

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






    Florida Senate - 2006                            CS for SB 244
    597-1718-06




 1         (1)  A mover must relinquish household goods to a

 2  shipper and must place the goods inside a shipper's dwelling

 3  or, if directed by the shipper, inside a storehouse or

 4  warehouse that is owned or rented by the shipper or the

 5  shipper's agent, unless the shipper has not tendered payment

 6  in the amount specified in a written contract or estimate

 7  signed and dated by the shipper. A mover may not refuse to

 8  relinquish prescription medicines and goods for use by

 9  children, including children's furniture, clothing, or toys,

10  under any circumstances.

11         (2)  A mover may not refuse to relinquish household

12  goods to a shipper or fail to place the goods inside a

13  shipper's dwelling or, if directed by the shipper, inside a

14  storehouse or warehouse that is owned or rented by the shipper

15  or the shipper's agent, based on the mover's refusal to accept

16  an acceptable form of payment.

17         (3)  A mover that lawfully fails to relinquish a

18  shipper's household goods may place the goods in storage until

19  payment is tendered; however, the mover must notify the

20  shipper of the location where the goods are stored and the

21  amount due within 5 days after receipt of a written request

22  for that information from the shipper, which request must

23  include the address where the shipper may receive the notice.

24  A mover may not require a prospective shipper to waive any

25  rights or requirements under this section.

26         Section 9.  Section 507.07, Florida Statutes, is

27  amended to read:

28         507.07  Violations.--It is a violation of this chapter

29  act to:

30         (1)  Conduct business as a mover or moving broker, or

31  advertise to engage in the business of moving or offering to

                                  16

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






    Florida Senate - 2006                            CS for SB 244
    597-1718-06




 1  move, without first being registered annually with the

 2  department.

 3         (2)  Knowingly make any false statement,

 4  representation, or certification in any application, document,

 5  or record required to be submitted or retained under this

 6  chapter act.

 7         (3)  Misrepresent or deceptively represent:

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

 9  inventory of household goods for the move estimated.

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

11  of household goods estimated.

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

13  characteristics of accessorial or moving services offered.

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

15  amenities offered.

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

17         (4)  Fail to honor and comply with all provisions of

18  the contract for services or bill of lading regarding the

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

20         (5)  Withhold delivery of household goods or in any way

21  hold goods in storage against the expressed wishes of the

22  shipper if payment has been made as delineated in the estimate

23  or contract for services.

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

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

26  shippers under this chapter act.

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

28  limitation from a shipper concerning rights or benefits

29  provided under this chapter act.

30         (c)  Use a local mailing address, registration

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

                                  17

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






    Florida Senate - 2006                            CS for SB 244
    597-1718-06




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

 2  mover's, and, if applicable, the moving broker's, fixed

 3  business address is clearly disclosed during any telephone

 4  solicitation and is prominently and conspicuously disclosed on

 5  all solicitation materials and on the contract.

 6         (d)  Commit Do any other act of which constitutes

 7  fraud, misrepresentation, or failure to disclose a material

 8  fact.

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

10  broker's principal officers to refuse or fail, after notice,

11  to produce any document or record or disclose any information

12  required to be produced or disclosed.

13         (f)  Knowingly make a material false statement in

14  response to any request or investigation by the department,

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

16         Section 10.  Section 507.08, Florida Statutes, is

17  amended to read:

18         507.08  Deceptive and unfair trade practice.--Acts,

19  conduct, practices, omissions, failings, misrepresentations,

20  or nondisclosures committed in which constitute a violation of

21  this chapter are act also constitute a deceptive and unfair

22  trade practices under practice for the purpose of ss.

23  501.201-501.213, the Florida Deceptive and Unfair Trade

24  Practices Act, and administrative rules adopted in accordance

25  with the act thereunder.

26         Section 11.  Section 507.09, Florida Statutes, is

27  amended to read:

28         507.09  Administrative remedies; penalties.--

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

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

31  moving broker, or a person employed or contracted by a mover

                                  18

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






    Florida Senate - 2006                            CS for SB 244
    597-1718-06




 1  or broker, has violated or is operating in violation of any of

 2  the provisions of this chapter act or the rules or orders

 3  issued in accordance with this chapter thereunder:

 4         (a)  Issuing a notice of noncompliance under pursuant

 5  to s. 120.695.

 6         (b)  Imposing an administrative fine not to exceed

 7  $5,000 for each act or omission.

 8         (c)  Directing that the person cease and desist

 9  specified activities.

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

11  registration.

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

13  of time, subject to the such conditions specified by as the

14  department may specify.

15         (2)  The administrative proceedings which could result

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

17  specified in subsection (1) are governed by chapter 120.

18         (3)  The department may has the authority to adopt

19  rules under ss. 120.536(1) and 120.54 pursuant to chapter 120

20  to administer implement this chapter act.

21         Section 12.  Section 507.10, Florida Statutes, is

22  amended to read:

23         507.10  Civil penalties; remedies.--

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

25  court of competent jurisdiction to recover any penalties or

26  damages authorized allowed in this chapter act and for

27  injunctive relief to enforce compliance with this chapter act.

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

29  $5,000 for each violation of this chapter act.

30  

31  

                                  19

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






    Florida Senate - 2006                            CS for SB 244
    597-1718-06




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

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

 3  this chapter act.

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

 5  of lading from a mover or moving broker that purports to

 6  waive, limit, restrict, or avoid any of the duties,

 7  obligations, or prescriptions of the mover or broker, as

 8  provided in this chapter act, is void and unenforceable and

 9  against public policy.

10         (5)  The remedies provided in this chapter act are in

11  addition to any other remedies available for the same conduct,

12  including those provided in local ordinances.

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

14  brought under this chapter act, the court may make appropriate

15  orders, including appointment of a master or receiver or

16  sequestration of assets, to reimburse shippers found to have

17  been damaged, to carry out a consumer transaction in

18  accordance with the shipper's reasonable expectations, or to

19  grant other appropriate relief.

20         Section 13.  Section 507.11, Florida Statutes, is

21  amended to read:

22         507.11  Criminal penalties.--

23         (1)  The refusal of a mover or a mover's employee,

24  agent, or contractor to comply with an order from a law

25  enforcement officer to relinquish a shipper's household goods

26  after the officer determines that the shipper has tendered

27  payment of the amount of a written estimate or contract, or

28  after the officer determines that the mover did not produce a

29  signed estimate or contract upon which demand is being made

30  for payment, is a felony of the third degree, punishable as

31  provided in s. 775.082, s. 775.083, or s. 775.084. A mover's

                                  20

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






    Florida Senate - 2006                            CS for SB 244
    597-1718-06




 1  compliance with an order from a law enforcement officer to

 2  relinquish goods to a shipper is not a waiver or finding of

 3  fact regarding any right to seek further payment from the

 4  shipper.

 5         (2)  Except as provided in subsection (1), any person

 6  or business that violates this chapter act commits a

 7  misdemeanor of the first degree, punishable as provided in s.

 8  775.082 or s. 775.083.

 9         Section 14.  Section 507.12, Florida Statutes, is

10  amended to read:

11         507.12  General Inspection Trust Fund; payments.--Any

12  moneys recovered by the department as a penalty under this

13  chapter act shall be deposited in the General Inspection Trust

14  Fund.

15         Section 15.  Section 507.13, Florida Statutes, is

16  amended to read:

17         507.13  Local regulation.--

18         (1)  The provisions of This chapter does act are not

19  intended to preempt local ordinances or regulations of a

20  county or municipality which that regulate transactions

21  relating to movers of household goods or moving brokers. As

22  provided in s. 507.03(4), counties and municipalities may

23  require, levy, or collect any registration fee or tax or

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

25  or moving broker.

26         (2)  The department may enter into a cooperative

27  agreement with any county or municipality which that provides

28  for the referral, investigation, and prosecution of consumer

29  complaints alleging violations of this chapter act.

30         Section 16.  Section 205.1975, Florida Statutes, is

31  created to read:

                                  21

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






    Florida Senate - 2006                            CS for SB 244
    597-1718-06




 1         205.1975  Household moving services; consumer

 2  protection.--A county or municipality may not issue or renew

 3  an occupational license for the operation of a mover or moving

 4  broker under chapter 507 unless the mover or broker exhibits a

 5  current registration from the Department of Agriculture and

 6  Consumer Services.

 7         Section 17.  This act shall take effect July 1, 2006.

 8  

 9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                        Senate Bill s0244

11                                 

12  The committee substitute expands the definition of "moving
    container" in s.507.01 F.S., to include receptacles 200 cubic
13  feet in size or larger. Current law only includes receptacles
    600 cubic feet or larger.
14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  22

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