| 1 | A bill to be entitled | 
| 2 | An act relating to household moving services; amending s. | 
| 3 | 507.01, F.S.; revising the term "storage"; amending s. | 
| 4 | 507.03, F.S.; providing for the biennial renewal of mover | 
| 5 | and moving broker registrations; authorizing the | 
| 6 | Department of Agriculture and Consumer Services to extend | 
| 7 | registration expiration dates to establish staggered | 
| 8 | dates; requiring the calculation of biennial registration | 
| 9 | fees based on an annual rate; deleting a provision | 
| 10 | requiring certain movers and moving brokers to obtain a | 
| 11 | local license or registration and pay the state | 
| 12 | registration fee; amending s. 507.04, F.S.; authorizing a | 
| 13 | mover to exclude liability for household goods packed by | 
| 14 | the shipper under certain circumstances; amending s. | 
| 15 | 507.06, F.S.; authorizing a mover to refuse to transport | 
| 16 | or ship household goods under certain circumstances; | 
| 17 | amending s. 507.07, F.S.; prohibiting a mover or moving | 
| 18 | broker from conducting business without being registered | 
| 19 | with the department; providing penalties; amending s. | 
| 20 | 507.13, F.S.; preempting local ordinances and regulations | 
| 21 | except in certain counties; restricting the levy or | 
| 22 | collection of local registration fees and taxes of movers | 
| 23 | and moving brokers; authorizing certain counties to | 
| 24 | require registration and bonding of movers and moving | 
| 25 | brokers; specifying that local business taxes are not | 
| 26 | preempted; providing an effective date. | 
| 27 | 
 | 
| 28 | Be It Enacted by the Legislature of the State of Florida: | 
| 29 | 
 | 
| 30 | Section 1.  Subsection (13) of section 507.01, Florida | 
| 31 | Statutes, is amended to read: | 
| 32 | 507.01  Definitions.-As used in this chapter, the term: | 
| 33 | (13)  "Storage" means the temporary warehousing of a | 
| 34 | shipper's goods while under the care, custody, and control of | 
| 35 | the mover. | 
| 36 | Section 2.  Subsections (1), (3), and (4) of section | 
| 37 | 507.03, Florida Statutes, are amended to read: | 
| 38 | 507.03  Registration.- | 
| 39 | (1)  Each mover and moving broker must annuallyregister | 
| 40 | with the department, providing its legal business and trade | 
| 41 | name, mailing address, and business locations; the full names, | 
| 42 | addresses, and telephone numbers of its owners or corporate | 
| 43 | officers and directors and the Florida agent of the corporation; | 
| 44 | a statement whether it is a domestic or foreign corporation, its | 
| 45 | state and date of incorporation, its charter number, and, if a | 
| 46 | foreign corporation, the date it registered with the Department | 
| 47 | of State; the date on which the mover or broker registered its | 
| 48 | fictitious name if the mover or broker is operating under a | 
| 49 | fictitious or trade name; the name of all other corporations, | 
| 50 | business entities, and trade names through which each owner of | 
| 51 | the mover or broker operated, was known, or did business as a | 
| 52 | mover or moving broker within the preceding 5 years; and proof | 
| 53 | of the insurance or alternative coverages required under s. | 
| 54 | 507.04. | 
| 55 | (3)  Registration fees shall be calculated at the rate of | 
| 56 | $300 per year per mover or moving broker. All amounts collected | 
| 57 | shall be deposited by the Chief Financial Officer to the credit | 
| 58 | of the General Inspection Trust Fund of the department for the | 
| 59 | sole purpose of administration of this chapter. | 
| 60 | (4)  A registration must be renewed biennially on or before | 
| 61 | its expiration date. In order to establish staggered expiration | 
| 62 | dates, the department may extend the expiration date of a | 
| 63 | registration for a period not to exceed 12 months. Any mover or  | 
| 64 | moving broker whose principal place of business is located in a  | 
| 65 | county or municipality that requires, by local ordinance, a  | 
| 66 | local license or registration to engage in the business of  | 
| 67 | moving and storage of household goods must obtain the license or  | 
| 68 | registration from the county or municipality. A mover or broker  | 
| 69 | that obtains a local license or registration must also pay the  | 
| 70 | state registration fee under subsection (3). | 
| 71 | Section 3.  Subsection (4) of section 507.04, Florida | 
| 72 | Statutes, is amended to read: | 
| 73 | 507.04  Required insurance coverages; liability | 
| 74 | limitations; valuation coverage.- | 
| 75 | (4)  LIABILITY LIMITATIONS; VALUATION RATES.- | 
| 76 | (a)  A mover may not limit its liability for the loss or | 
| 77 | damage of household goods to a valuation rate that is less than | 
| 78 | 60 cents per pound per article. A provision of a contract for | 
| 79 | moving services is void if the provision limits a mover's | 
| 80 | liability to a valuation rate that is less than the minimum rate | 
| 81 | allowed under this subsection. | 
| 82 | (b)  A mover may exclude liability for any household goods | 
| 83 | packed by the shipper if the exclusion is declared, and the | 
| 84 | shipper declines, in writing, to allow the mover to open and | 
| 85 | inspect the box or crate in which the goods were packed by the | 
| 86 | shipper. | 
| 87 | (c)  If a mover limits its liability for a shipper's goods, | 
| 88 | the mover must disclose the limitation, including the valuation | 
| 89 | rate, to the shipper in writing at the time that the estimate | 
| 90 | and contract for services are executed and before any moving or | 
| 91 | accessorial services are provided. The disclosure must also | 
| 92 | inform the shipper of the opportunity to purchase valuation | 
| 93 | coverage if the mover offers that coverage under subsection (5). | 
| 94 | Section 4.  Section 507.06, Florida Statutes, is amended to | 
| 95 | read: | 
| 96 | 507.06  Transportation or shipment, delivery, and storage | 
| 97 | of household goods.- | 
| 98 | (1)  A mover, before transporting or shipping a shipper's | 
| 99 | household goods, may refuse to transport or ship any of the | 
| 100 | goods, if the mover notifies the shipper and the shipper | 
| 101 | acknowledges the refusal in writing. | 
| 102 | (2) (1)A mover must relinquish household goods to a | 
| 103 | shipper and must place the goods inside a shipper's dwelling or, | 
| 104 | if directed by the shipper, inside a storehouse or warehouse | 
| 105 | that is owned or rented by the shipper or the shipper's agent, | 
| 106 | unless the shipper has not tendered payment in the amount | 
| 107 | specified in a written contract or estimate signed and dated by | 
| 108 | the shipper. A mover may not refuse to relinquish prescription | 
| 109 | medicines and goods for use by children, including children's | 
| 110 | furniture, clothing, or toys, under any circumstances. | 
| 111 | (3) (2)A mover may not refuse to relinquish household | 
| 112 | goods to a shipper or fail to place the goods inside a shipper's | 
| 113 | dwelling or, if directed by the shipper, inside a storehouse or | 
| 114 | warehouse that is owned or rented by the shipper or the | 
| 115 | shipper's agent, based on the mover's refusal to accept an | 
| 116 | acceptable form of payment. | 
| 117 | (4) (3)A mover that lawfully fails to relinquish a | 
| 118 | shipper's household goods may place the goods in storage until | 
| 119 | payment is tendered; however, the mover must notify the shipper | 
| 120 | of the location where the goods are stored and the amount due | 
| 121 | within 5 days after receipt of a written request for that | 
| 122 | information from the shipper, which request must include the | 
| 123 | address where the shipper may receive the notice. A mover may | 
| 124 | not require a prospective shipper to waive any rights or | 
| 125 | requirements under this section. | 
| 126 | Section 5.  Subsection (1) of section 507.07, Florida | 
| 127 | Statutes, is amended to read: | 
| 128 | 507.07  Violations.-It is a violation of this chapter to: | 
| 129 | (1)  Conduct business as a mover or moving broker, or | 
| 130 | advertise to engage in the business of moving or offering to | 
| 131 | move, without firstbeing registeredannuallywith the | 
| 132 | department. | 
| 133 | Section 6.  Subsection (1) of section 507.13, Florida | 
| 134 | Statutes, is amended to read: | 
| 135 | 507.13  Local regulation.- | 
| 136 | (1)(a)  Except as provided in paragraphs (b) and (c), this | 
| 137 | chapter preempts does not preemptlocal ordinances or | 
| 138 | regulations of a county or municipality which regulate | 
| 139 | transactions relating to movers of household goods or moving | 
| 140 | brokers. | 
| 141 | (b)  This chapter does not preempt an ordinance or | 
| 142 | regulation enacted by a county before January 1, 2010, or | 
| 143 | subsequent amendments to such ordinance or regulation. However, | 
| 144 | As provided in s. 507.03(4), counties and municipalities may  | 
| 145 | require, levy, or collect anyregistration fees required by such | 
| 146 | ordinance or regulation must be reasonable and may not exceed | 
| 147 | the cost of administering the ordinance or regulation. Such | 
| 148 | ordinance or regulation may only apply to a fee or tax or  | 
| 149 | require the registration or bonding in any manner of anymover | 
| 150 | or moving broker whose principal place of business is located | 
| 151 | within the county's jurisdiction. | 
| 152 | (c)  This section does not preempt a local government's | 
| 153 | authority to levy a local business tax pursuant to chapter 205. | 
| 154 | Section 7.  This act shall take effect July 1, 2010. |