HB 901

A bill to be entitled
2An act relating to household moving services; amending s.
3507.01, F.S.; redefining the term "storage"; amending s.
4507.03, F.S.; providing for the biennial renewal of mover
5and moving broker registrations; authorizing the
6Department of Agriculture and Consumer Services to extend
7registration expiration dates in order to establish
8staggered dates; requiring the calculation of biennial
9registration fees based on an annual rate; deleting a
10provision requiring certain movers and moving brokers to
11obtain a local license or registration and pay the state
12registration fee; amending s. 507.04, F.S.; authorizing a
13mover to exclude liability for household goods packed by
14the shipper under certain circumstances; amending s.
15507.06, F.S.; authorizing a mover to refuse to transport
16or ship household goods under certain circumstances;
17amending s. 507.07, F.S.; prohibiting a mover or moving
18broker from conducting business without being registered
19with the department; providing penalties; amending s.
20507.13, F.S.; preempting local ordinances and regulations
21except in certain counties; restricting the levy or
22collection of local registration fees and taxes of movers
23and moving brokers; providing for local registration and
24bonding; exempting local business taxes from preemption;
25providing an effective date.
27Be It Enacted by the Legislature of the State of Florida:
29     Section 1.  Subsection (13) of section 507.01, Florida
30Statutes, is amended to read:
31     507.01  Definitions.-As used in this chapter, the term:
32     (13)  "Storage" means the temporary warehousing of a
33shipper's goods while under the care, custody, and control of
34the mover.
35     Section 2.  Subsections (1), (3), and (4) of section
36507.03, Florida Statutes, are amended to read:
37     507.03  Registration.-
38     (1)  Each mover and moving broker must annually register
39with the department, providing its legal business and trade
40name, mailing address, and business locations; the full names,
41addresses, and telephone numbers of its owners or corporate
42officers and directors and the Florida agent of the corporation;
43a statement whether it is a domestic or foreign corporation, its
44state and date of incorporation, its charter number, and, if a
45foreign corporation, the date it registered with the Department
46of State; the date on which the mover or broker registered its
47fictitious name if the mover or broker is operating under a
48fictitious or trade name; the name of all other corporations,
49business entities, and trade names through which each owner of
50the mover or broker operated, was known, or did business as a
51mover or moving broker within the preceding 5 years; and proof
52of the insurance or alternative coverages required under s.
54     (3)  Registration fees shall be calculated at the rate of
55$300 per year per mover or moving broker. All amounts collected
56shall be deposited by the Chief Financial Officer to the credit
57of the General Inspection Trust Fund of the department for the
58sole purpose of administration of this chapter.
59     (4)  A registration must be renewed biennially on or before
60its expiration date. In order to establish staggered expiration
61dates, the department may extend the expiration date of a
62registration for a period not to exceed 12 months. Any mover or
63moving broker whose principal place of business is located in a
64county or municipality that requires, by local ordinance, a
65local license or registration to engage in the business of
66moving and storage of household goods must obtain the license or
67registration from the county or municipality. A mover or broker
68that obtains a local license or registration must also pay the
69state registration fee under subsection (3).
70     Section 3.  Subsection (4) of section 507.04, Florida
71Statutes, is amended to read:
72     507.04  Required insurance coverages; liability
73limitations; valuation coverage.-
75     (a)  A mover may not limit its liability for the loss or
76damage of household goods to a valuation rate that is less than
7760 cents per pound per article. A provision of a contract for
78moving services is void if the provision limits a mover's
79liability to a valuation rate that is less than the minimum rate
80allowed under this subsection.
81     (b)  A mover may exclude liability for any household goods
82packed by the shipper if the exclusion is declared and the
83shipper declines, in writing, to allow the mover to open and
84inspect the box or crate in which the goods were packed by the
86     (c)  If a mover limits its liability for a shipper's goods,
87the mover must disclose the limitation, including the valuation
88rate, to the shipper in writing at the time that the estimate
89and contract for services are executed and before any moving or
90accessorial services are provided. The disclosure must also
91inform the shipper of the opportunity to purchase valuation
92coverage if the mover offers that coverage under subsection (5).
93     Section 4.  Section 507.06, Florida Statutes, is amended to
95     507.06  Transportation or shipment, delivery, and storage
96of household goods.-
97     (1)  A mover, before transporting or shipping a shipper's
98household goods, may refuse to transport or ship any of the
99goods if the mover notifies the shipper and the shipper
100acknowledges the refusal in writing.
101     (2)(1)  A mover must relinquish household goods to a
102shipper and must place the goods inside a shipper's dwelling or,
103if directed by the shipper, inside a storehouse or warehouse
104that is owned or rented by the shipper or the shipper's agent,
105unless the shipper has not tendered payment in the amount
106specified in a written contract or estimate signed and dated by
107the shipper. A mover may not refuse to relinquish prescription
108medicines and goods for use by children, including children's
109furniture, clothing, or toys, under any circumstances.
110     (3)(2)  A mover may not refuse to relinquish household
111goods to a shipper or fail to place the goods inside a shipper's
112dwelling or, if directed by the shipper, inside a storehouse or
113warehouse that is owned or rented by the shipper or the
114shipper's agent, based on the mover's refusal to accept an
115acceptable form of payment.
116     (4)(3)  A mover that lawfully fails to relinquish a
117shipper's household goods may place the goods in storage until
118payment is tendered; however, the mover must notify the shipper
119of the location where the goods are stored and the amount due
120within 5 days after receipt of a written request for that
121information from the shipper, which request must include the
122address where the shipper may receive the notice. A mover may
123not require a prospective shipper to waive any rights or
124requirements under this section.
125     Section 5.  Subsection (1) of section 507.07, Florida
126Statutes, is amended to read:
127     507.07  Violations.-It is a violation of this chapter to:
128     (1)  Conduct business as a mover or moving broker, or
129advertise to engage in the business of moving or offering to
130move, without first being registered annually with the
132     Section 6.  Subsection (1) of section 507.13, Florida
133Statutes, is amended to read:
134     507.13  Local regulation.-
135     (1)(a)  Except as provided in paragraphs (b) and (c), this
136chapter preempts a does not preempt local ordinance ordinances
137or regulation regulations of a county or municipality which
138regulates regulate transactions relating to movers of household
139goods or moving brokers.
140     (b)  This chapter does not preempt an ordinance or
141regulation originally enacted by a county before January 1,
1422011, or a subsequent amendment to such an ordinance or
143regulation. However, registration fees required by such an
144ordinance or regulation must be reasonable and may not exceed
145the cost of administering the ordinance or regulation. In
146addition, registration and bonding may be required only of a
147mover or moving broker whose principal place of business is
148located within that county's jurisdiction.
149     (c)  This section does not preempt a local government's
150authority to levy a local business tax pursuant to chapter 205.
151As provided in s. 507.03(4), counties and municipalities may
152require , levy, or collect any registration fee or tax or
153require the registration or bonding in any manner of any mover
154or moving broker.
155     Section 7.  This act shall take effect July 1, 2011.

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