HB 901

1	A bill to be entitled
2	An act relating to household moving services; amending s.
3	507.01, F.S.; redefining 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 in order to establish
8	staggered dates; requiring the calculation of biennial
9	registration fees based on an annual rate; deleting a
10	provision requiring certain movers and moving brokers to
11	obtain a 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; providing for local registration and
24	bonding; exempting local business taxes from preemption;
25	providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  Subsection (13) of section 507.01, Florida
30	Statutes, is amended to read:
31	507.01  Definitions.-As used in this chapter, the term:
32	(13)  "Storage" means the temporary warehousing of a
33	shipper's goods while under the care, custody, and control of
34	the mover.
35	Section 2.  Subsections (1), (3), and (4) of section
36	507.03, Florida Statutes, are amended to read:
37	507.03  Registration.-
38	(1)  Each mover and moving broker must annually register
39	with the department, providing its legal business and trade
40	name, mailing address, and business locations; the full names,
41	addresses, and telephone numbers of its owners or corporate
42	officers and directors and the Florida agent of the corporation;
43	a statement whether it is a domestic or foreign corporation, its
44	state and date of incorporation, its charter number, and, if a
45	foreign corporation, the date it registered with the Department
46	of State; the date on which the mover or broker registered its
47	fictitious name if the mover or broker is operating under a
48	fictitious or trade name; the name of all other corporations,
49	business entities, and trade names through which each owner of
50	the mover or broker operated, was known, or did business as a
51	mover or moving broker within the preceding 5 years; and proof
52	of the insurance or alternative coverages required under s.
53	507.04.
54	(3)  Registration fees shall be calculated at the rate of
55	$300 per year per mover or moving broker. All amounts collected
56	shall be deposited by the Chief Financial Officer to the credit
57	of the General Inspection Trust Fund of the department for the
58	sole purpose of administration of this chapter.
59	(4)  A registration must be renewed biennially on or before
60	its expiration date. In order to establish staggered expiration
61	dates, the department may extend the expiration date of a
62	registration for a period not to exceed 12 months. Any mover or
63	moving broker whose principal place of business is located in a
64	county or municipality that requires, by local ordinance, a
65	local license or registration to engage in the business of
66	moving and storage of household goods must obtain the license or
67	registration from the county or municipality. A mover or broker
68	that obtains a local license or registration must also pay the
69	state registration fee under subsection (3).
70	Section 3.  Subsection (4) of section 507.04, Florida
71	Statutes, is amended to read:
72	507.04  Required insurance coverages; liability
73	limitations; valuation coverage.-
74	(4)  LIABILITY LIMITATIONS; VALUATION RATES.-
75	(a)  A mover may not limit its liability for the loss or
76	damage of household goods to a valuation rate that is less than
77	60 cents per pound per article. A provision of a contract for
78	moving services is void if the provision limits a mover's
79	liability to a valuation rate that is less than the minimum rate
80	allowed under this subsection.
81	(b)  A mover may exclude liability for any household goods
82	packed by the shipper if the exclusion is declared and the
83	shipper declines, in writing, to allow the mover to open and
84	inspect the box or crate in which the goods were packed by the
85	shipper.
86	(c)  If a mover limits its liability for a shipper's goods,
87	the mover must disclose the limitation, including the valuation
88	rate, to the shipper in writing at the time that the estimate
89	and contract for services are executed and before any moving or
90	accessorial services are provided. The disclosure must also
91	inform the shipper of the opportunity to purchase valuation
92	coverage if the mover offers that coverage under subsection (5).
93	Section 4.  Section 507.06, Florida Statutes, is amended to
94	read:
95	507.06  Transportation or shipment, delivery, and storage
96	of household goods.-
97	(1)  A mover, before transporting or shipping a shipper's
98	household goods, may refuse to transport or ship any of the
99	goods if the mover notifies the shipper and the shipper
100	acknowledges the refusal in writing.
101	(2)(1)  A mover must relinquish household goods to a
102	shipper and must place the goods inside a shipper's dwelling or,
103	if directed by the shipper, inside a storehouse or warehouse
104	that is owned or rented by the shipper or the shipper's agent,
105	unless the shipper has not tendered payment in the amount
106	specified in a written contract or estimate signed and dated by
107	the shipper. A mover may not refuse to relinquish prescription
108	medicines and goods for use by children, including children's
109	furniture, clothing, or toys, under any circumstances.
110	(3)(2)  A mover may not refuse to relinquish household
111	goods to a shipper or fail to place the goods inside a shipper's
112	dwelling or, if directed by the shipper, inside a storehouse or
113	warehouse that is owned or rented by the shipper or the
114	shipper's agent, based on the mover's refusal to accept an
115	acceptable form of payment.
116	(4)(3)  A mover that lawfully fails to relinquish a
117	shipper's household goods may place the goods in storage until
118	payment is tendered; however, the mover must notify the shipper
119	of the location where the goods are stored and the amount due
120	within 5 days after receipt of a written request for that
121	information from the shipper, which request must include the
122	address where the shipper may receive the notice. A mover may
123	not require a prospective shipper to waive any rights or
124	requirements under this section.
125	Section 5.  Subsection (1) of section 507.07, Florida
126	Statutes, 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
129	advertise to engage in the business of moving or offering to
130	move, without first being registered annually with the
131	department.
132	Section 6.  Subsection (1) of section 507.13, Florida
133	Statutes, is amended to read:
134	507.13  Local regulation.-
135	(1)(a)  Except as provided in paragraphs (b) and (c), this
136	chapter preempts a does not preempt local ordinance ordinances
137	or regulation regulations of a county or municipality which
138	regulates regulate transactions relating to movers of household
139	goods or moving brokers.
140	(b)  This chapter does not preempt an ordinance or
141	regulation originally enacted by a county before January 1,
142	2011, or a subsequent amendment to such an ordinance or
143	regulation. However, registration fees required by such an
144	ordinance or regulation must be reasonable and may not exceed
145	the cost of administering the ordinance or regulation. In
146	addition, registration and bonding may be required only of a
147	mover or moving broker whose principal place of business is
148	located within that county's jurisdiction.
149	(c)  This section does not preempt a local government's
150	authority to levy a local business tax pursuant to chapter 205.
151	As provided in s. 507.03(4), counties and municipalities may
152	require , levy, or collect any registration fee or tax or
153	require the registration or bonding in any manner of any mover
154	or moving broker.
155	Section 7.  This act shall take effect July 1, 2011.

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