Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. CS for SB 798
Ì949376TÎ949376
LEGISLATIVE ACTION
Senate . House
Comm: RS .
04/08/2015 .
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Appropriations Subcommittee on General Government (Lee)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 82 - 456
4 and insert:
5 Section 1. Present subsections (2) through (5) of section
6 507.01, Florida Statutes, are redesignated as subsections (3)
7 through (6), respectively, present subsections (9) through (11)
8 of that section are redesignated as subsections (10) through
9 (12), respectively, present subsections (12) and (13) of that
10 section are redesignated as subsections (14) and (15),
11 respectively, new subsections (2), (9), and (13) are added to
12 that section, and present subsections (6) and (9) are amended,
13 to read:
14 507.01 Definitions.—As used in this chapter, the term:
15 (2) “Additional services” means any additional
16 transportation of household goods which is performed by a mover,
17 is not specifically included in a binding estimate or contract,
18 and results in a charge to the shipper.
19 (6) “Estimate” means a written document that sets forth the
20 total costs and describes the basis of those costs, relating to
21 a shipper’s household move, including, but not limited to, the
22 loading, transportation or shipment, and unloading of household
23 goods and accessorial services.
24 (9) “Impracticable operations” means conditions arising
25 after execution of a contract for household moving services
26 which make it impractical for a mover to perform pickup or
27 delivery services for a household move.
28 (10)(9) “Mover” means a person who, for compensation,
29 contracts for or engages in the loading, transportation or
30 shipment, or unloading of household goods as part of a household
31 move. The term does not include a postal, courier, envelope, or
32 package service that, or a person labor who, does not advertise
33 itself as a mover or moving service.
34 (13) “Personal laborer” means an individual hired directly
35 by the shipper to assist in the loading and unloading of the
36 shipper’s own household goods. The term does not include any
37 individual who has contracted with or is compensated by a third
38 party or whose services are brokered as part of a household
39 move.
40 Section 2. Subsection (3) of section 507.02, Florida
41 Statutes, is amended to read:
42 507.02 Construction; intent; application.—
43 (3) This chapter is intended to provide consistency and
44 transparency in moving practices and to secure the satisfaction
45 and confidence of shippers and members of the public when using
46 a mover.
47 Section 3. Subsections (1), (3), (4), and (5) of section
48 507.04, Florida Statutes, are amended to read:
49 507.04 Required insurance coverages; liability limitations;
50 valuation coverage.—
51 (1) CARGO LIABILITY INSURANCE.—
52 (a)1. Except as provided in paragraph (b), each mover
53 operating in this state must maintain current and valid cargo
54 liability insurance coverage of at least $10,000 per shipment
55 for the loss or damage of household goods resulting from the
56 negligence of the mover or its employees or agents.
57 2. The mover must provide the department with evidence of
58 liability insurance coverage before the mover is registered with
59 the department under s. 507.03. All insurance coverage
60 maintained by a mover must remain in effect throughout the
61 mover’s registration period. A mover’s failure to maintain
62 insurance coverage in accordance with this paragraph constitutes
63 an immediate threat to the public health, safety, and welfare.
64 If a mover fails to maintain insurance coverage, the department
65 may immediately suspend the mover’s registration or eligibility
66 for registration, and the mover must immediately cease operating
67 as a mover in this state. In addition, and notwithstanding the
68 availability of any administrative relief pursuant to chapter
69 120, the department may seek from the appropriate circuit court
70 an immediate injunction prohibiting the mover from operating in
71 this state until the mover complies with this paragraph, a civil
72 penalty not to exceed $5,000, and court costs.
73 (b) A mover that operates two or fewer vehicles, in lieu of
74 maintaining the cargo liability insurance coverage required
75 under paragraph (a), may, and each moving broker must, maintain
76 one of the following alternative coverages:
77 1. A performance bond in the amount of $25,000, for which
78 the surety of the bond must be a surety company authorized to
79 conduct business in this state; or
80 2. A certificate of deposit in a Florida banking
81 institution in the amount of $25,000.
82
83 The original bond or certificate of deposit must be filed with
84 the department and must designate the department as the sole
85 beneficiary. The department must use the bond or certificate of
86 deposit exclusively for the payment of claims to consumers who
87 are injured by the fraud, misrepresentation, breach of contract,
88 misfeasance, malfeasance, or financial failure of the mover or
89 moving broker or by a violation of this chapter by the mover or
90 broker. Liability for these injuries may be determined in an
91 administrative proceeding of the department or through a civil
92 action in a court of competent jurisdiction. However, claims
93 against the bond or certificate of deposit must only be paid, in
94 amounts not to exceed the determined liability for these
95 injuries, by order of the department in an administrative
96 proceeding. The bond or certificate of deposit is subject to
97 successive claims, but the aggregate amount of these claims may
98 not exceed the amount of the bond or certificate of deposit.
99 (3) INSURANCE COVERAGES.—The insurance coverages required
100 under paragraph (1)(a) and subsection (2) must be issued by an
101 insurance company or carrier licensed to transact business in
102 this state under the Florida Insurance Code as designated in s.
103 624.01. The department shall require a mover to present a
104 certificate of insurance of the required coverages before
105 issuance or renewal of a registration certificate under s.
106 507.03. The department shall be named as a certificateholder in
107 the certificate and must be notified at least 10 days before
108 cancellation of insurance coverage. A mover’s failure to
109 maintain insurance coverage constitutes an immediate threat to
110 the public health, safety, and welfare. If a mover fails to
111 maintain insurance coverage, the department may immediately
112 suspend the mover’s registration or eligibility for
113 registration, and the mover must immediately cease operating as
114 a mover in this state. In addition, and notwithstanding the
115 availability of any administrative relief pursuant to chapter
116 120, the department may seek from the appropriate circuit court
117 an immediate injunction prohibiting the mover from operating in
118 this state until the mover complies with this paragraph, a civil
119 penalty not to exceed $5,000, and court costs.
120 (4) LIABILITY LIMITATIONS; VALUATION RATES.—A mover may not
121 limit its liability for the loss or damage of household goods to
122 a valuation rate that is less than 60 cents per pound per
123 article. A provision of a contract for moving services is void
124 if the provision limits a mover’s liability to a valuation rate
125 that is less than the minimum rate under this subsection. If a
126 mover limits its liability for a shipper’s goods, the mover must
127 disclose the limitation, including the valuation rate, to the
128 shipper in writing at the time that the estimate and contract
129 for services are executed and before any moving or accessorial
130 services are provided. The disclosure must also inform the
131 shipper of the opportunity to purchase valuation coverage if the
132 mover offers that coverage under subsection (5).
133 (5) VALUATION COVERAGE.—A mover shall may offer valuation
134 coverage to compensate a shipper for the loss or damage of the
135 shipper’s household goods that are lost or damaged during a
136 household move. If a mover offers valuation coverage, The
137 coverage must indemnify the shipper for at least the cost of
138 repair or replacement of the goods, unless waived or amended by
139 the shipper. The shipper may waive or amend the valuation
140 coverage, and the waiver must be made in a signed acknowledgment
141 in the contract minimum valuation rate required under subsection
142 (4). The mover must disclose the terms of the coverage to the
143 shipper in writing, including any deductibles, within at the
144 time that the binding estimate and again when the contract for
145 services is are executed and before any moving or accessorial
146 services are provided. The disclosure must inform the shipper of
147 the cost of the valuation coverage, if any the valuation rate of
148 the coverage, and the opportunity to reject the coverage. If
149 valuation coverage compensates a shipper for at least the
150 minimum valuation rate required under subsection (4), the
151 coverage satisfies the mover’s liability for the minimum
152 valuation rate.
153 Section 4. Section 507.05, Florida Statutes, is amended to
154 read:
155 507.05 Physical surveys, binding estimates, and contracts
156 for service.—Before providing any moving or accessorial
157 services, a contract and estimate must be provided to a
158 prospective shipper in writing, must be signed and dated by the
159 shipper and the mover, and must include:
160 (1) PHYSICAL SURVEY.—A mover must conduct a physical survey
161 of the household goods to be moved and provide the prospective
162 shipper with a binding estimate of the cost of the move.
163 (2) WAIVER OF SURVEY.—A shipper may elect to waive the
164 physical survey, and such waiver must be in writing and signed
165 by the shipper before the household goods are loaded. The mover
166 shall retain a copy of the waiver as an addendum to the contract
167 for service.
168 (3) BINDING ESTIMATE.—Before executing a contract for
169 service for a household move, and at least 48 hours before the
170 scheduled time and date of a shipment of household goods, a
171 mover must provide a binding estimate of the total charges,
172 including, but not limited to, the loading, transportation or
173 shipment, and unloading of household goods and accessorial
174 services. The binding estimate shall be based on a physical
175 survey conducted pursuant to subsection (1), unless waived
176 pursuant to subsection (2).
177 (a) The shipper may waive the binding estimate if the
178 waiver is made by signed or electronic acknowledgment before the
179 commencement of the 48-hour period before the household goods
180 are loaded. The mover shall retain a copy of the waiver as an
181 addendum to the contract for services. To be enforceable, a
182 waiver executed under this paragraph must, at a minimum, include
183 a statement in uppercase type that is at least 5 points larger
184 than, and clearly distinguishable from, the rest of the text of
185 the waiver or release containing the statement. The exact
186 statement to be included in a waiver of a binding estimate to be
187 used by all movers shall be determined by the department in
188 rulemaking and must include a delineation of the specific rights
189 that a shipper may lose by waiving the binding estimate.
190 (b) The shipper may also waive the 48-hour period if the
191 moving services requested commence within 48 hours of the
192 shipper’s initial contact with the mover contracted to perform
193 the moving services.
194 (c) At a minimum, the binding estimate must include all of
195 the following:
196 1. The table of measures used by the mover or the mover’s
197 agent in preparing the estimate.
198 2. The date the estimate was prepared and the proposed date
199 of the move, if any.
200 3. An itemized breakdown and description of services, and
201 the total cost to the shipper of loading, transporting or
202 shipping, unloading, and accessorial services.
203 4. A statement that the estimate is binding on the mover
204 and the shipper and that the charges shown apply only to those
205 services specifically identified in the estimate.
206 5. Identification of acceptable forms of payment.
207 (d) A mover may charge a one-time fee, not to exceed $100,
208 for providing a binding estimate.
209 (e) The binding estimate must be signed by the mover and
210 the shipper, and a copy must be provided to the shipper by the
211 mover at the time that the estimate is signed.
212 (f) A binding estimate may only be amended by the mover
213 before the scheduled loading of household goods for shipment
214 when the shipper has requested additional services of the mover
215 not previously disclosed in the original binding estimate, or
216 upon mutual agreement of the mover and the shipper. Once a mover
217 begins to load the household goods for a move, failure to
218 execute a new binding estimate signifies the mover has
219 reaffirmed the original binding estimate.
220 (g) A mover may not collect more than the amount of the
221 binding estimate unless:
222 1. The shipper waives receipt of a binding estimate under
223 this subsection.
224 2. The shipper tenders additional household goods, requests
225 additional services, or requires services that are not
226 specifically included in the binding estimate, in which case the
227 mover is not required to honor the estimate. If, despite the
228 addition of household goods or the need for additional services,
229 the mover chooses to perform the move, it must, before loading
230 the household goods, inform the shipper of the associated
231 charges in writing. The mover may require full payment at the
232 destination for the costs associated with the additional
233 requested services and the full amount of the original binding
234 estimate.
235 3. Upon issuance of the contract for services, the mover
236 advises the shipper, in advance of performing additional
237 services, including accessorial services, that such services are
238 essential to properly performing the move. The mover must allow
239 the shipper at least 1 hour to determine whether to authorize
240 the additional services.
241 a. If the shipper agrees to pay for the additional
242 services, the mover must execute a written addendum to the
243 contract for services, which must be signed by the shipper. The
244 addendum may be sent to the shipper by facsimile, e-mail,
245 overnight courier, or certified mail, with return receipt
246 requested. The mover must bill the shipper for the agreed upon
247 additional services within 15 days after the delivery of those
248 additional services pursuant to s. 507.06.
249 b. If the shipper does not agree to pay for the additional
250 services, the mover may perform and, pursuant to s. 507.06, bill
251 the shipper for those additional services necessary to complete
252 the delivery.
253 (h) A mover shall retain a copy of the binding estimate for
254 each move performed for at least 1 year after its preparation
255 date as an attachment to the contract for service.
256 (4) CONTRACT FOR SERVICE.—Before providing any moving or
257 accessorial services, a mover must provide a contract for
258 service to the shipper, which the shipper must sign and date.
259 (a) At a minimum, the contract for service must include:
260 1.(1) The name, telephone number, and physical address
261 where the mover’s employees are available during normal business
262 hours.
263 2.(2) The date the contract was or estimate is prepared and
264 the any proposed date of the move, if any.
265 3.(3) The name and address of the shipper, the addresses
266 where the articles are to be picked up and delivered, and a
267 telephone number where the shipper may be reached.
268 4.(4) The name, telephone number, and physical address of
269 any location where the household goods will be held pending
270 further transportation, including situations in which where the
271 mover retains possession of household goods pending resolution
272 of a fee dispute with the shipper.
273 5.(5) A binding estimate provided in accordance with
274 subsection (3) An itemized breakdown and description and total
275 of all costs and services for loading, transportation or
276 shipment, unloading, and accessorial services to be provided
277 during a household move or storage of household goods.
278 6. The total charges owed by the shipper based on the
279 binding estimate and the terms and conditions for their payment,
280 including any required minimum payment.
281 7. If the household goods are transported under an
282 agreement to collect payment upon delivery, the maximum payment
283 that the mover may demand at the time of delivery.
284 8.(6) Acceptable forms of payment, which must be clearly
285 and conspicuously disclosed to the shipper on the binding
286 estimate and the contract for services. A mover must shall
287 accept at least a minimum of two of the three following forms of
288 payment:
289 a.(a) Cash, cashier’s check, money order, or traveler’s
290 check;
291 b.(b) Valid personal check, showing upon its face the name
292 and address of the shipper or authorized representative; or
293 c.(c) Valid credit card, which shall include, but not be
294 limited to, Visa or MasterCard. A mover must clearly and
295 conspicuously disclose to the shipper in the estimate and
296 contract for services the forms of payments the mover will
297 accept, including the forms of payment described in paragraphs
298 (a)-(c).
299 (b) Each addendum to the contract for service is an
300 integral part of the contract.
301 (c) A copy of the contract for service must accompany the
302 household goods whenever they are in the mover’s or the mover’s
303 agent’s possession. Before a vehicle that is being used for the
304 move leaves the point of origin, the driver responsible for the
305 move must have the contract for service in his or her
306 possession.
307 (d) A mover shall retain a contract for service for each
308 move it performs for at least 1 year after the date the contract
309 for service was signed.
310 Section 5. Section 507.054, Florida Statutes, is created to
311 read:
312 507.054 Publication.—
313 (1) The department shall prepare a publication that
314 includes a summary of the rights and responsibilities of, and
315 remedies available to movers and shippers under this chapter.
316 The publication must include a statement that a mover’s failure
317 to relinquish household goods as required by this chapter
318 constitutes a felony of the third degree, punishable as provided
319 in s. 775.082, s. 775.083, or s. 775.084, that any other
320 violation of this chapter constitutes a misdemeanor of the first
321 degree, punishable as provided in s. 775.082 or s. 775.083, and
322 that any violation of this chapter constitutes a violation of
323 the Florida Deceptive and Unfair Trade Practices Act. The
324 publication must also include a notice to the shipper about the
325 potential risks of shipping sentimental or family heirloom
326 items.
327 (2) A mover may provide exact copies of the department’s
328 publication to shippers or may customize the color, design, and
329 dimension of the front and back covers of the standard
330 department publication. If the mover customizes the publication,
331 the customized publication must include the content specified in
332 subsection (1) and meet the following requirements:
333 (a) The font size used must be at least 10 points, with the
334 exception that the following must appear prominently on the
335 front cover in at least 12-point boldface type: “Your Rights and
336 Responsibilities When You Move. Furnished by Your Mover, as
337 Required by Florida Law.”
338 (b) The size of the booklet must be at least 36 square
339 inches.
340 (3) The shipper must acknowledge receipt of the publication
341 by signed acknowledgement in the contract.
342 Section 6. Section 507.055, Florida Statutes, is created to
343 read:
344 507.055 Required disclosure and acknowledgment of rights
345 and remedies.—Before executing a contract for service for a
346 move, a mover must provide to a prospective shipper all of the
347 following:
348 (1) The publication required under s. 507.054.
349 (2) A concise, easy-to-read, and accurate binding estimate
350 required under s. 507.05(3).
351 Section 7. Subsections (1) and (3) of section 507.06,
352 Florida Statutes, are amended, and subsection (4) is added to
353 that section, to read:
354 507.06 Delivery and storage of household goods.—
355 (1) On the agreed upon delivery date or within the
356 timeframe specified in the contract for service, a mover must
357 relinquish household goods to a shipper and must place the
358 household goods inside a shipper’s dwelling or, if directed by
359 the shipper, inside a storehouse or warehouse that is owned or
360 rented by the shipper or the shipper’s agent, unless the shipper
361 has not tendered payment pursuant to s. 507.065 or s. 507.066 in
362 the amount specified in a written contract or estimate signed
363 and dated by the shipper. This requirement may be waived by the
364 shipper. A mover may not, under any circumstances, refuse to
365 relinquish prescription medicines and household goods for use by
366 children, including children’s furniture, clothing, or toys,
367 under any circumstances.
368 (3) A mover that lawfully fails to relinquish a shipper’s
369 household goods may place the goods in storage until payment in
370 accordance with ss. 507.065 or 507.066 is tendered; however, the
371 mover must notify the shipper of the location where the goods
372 are stored and the amount due within 5 days after receipt of a
373 written request for that information from the shipper, which
374 request must include the address where the shipper may receive
375 the notice. A mover may not require a prospective shipper to
376 waive any rights or requirements under this section.
377 (4) If a mover becomes aware that it cannot perform the
378 pickup or the delivery of household goods on the date agreed
379 upon or during the timeframe specified in the contract for
380 service due to circumstances not anticipated by the contract,
381 the mover shall notify the shipper of the delay and advise the
382 shipper of the amended date or timeframe within which the mover
383 expects to pick up or deliver the household goods in a timely
384 manner.
385 Section 8. Section 507.065, Florida Statutes, is created to
386 read:
387 507.065 Payment.—
388 (1) Except as provided in s. 507.05(3), the maximum amount
389 that a mover may charge before relinquishing household goods to
390 a shipper is the exact amount of the binding estimate, unless
391 waived by the shipper, plus
392
393 ================= T I T L E A M E N D M E N T ================
394 And the title is amended as follows:
395 Delete lines 15 - 50
396 and insert:
397 cost of repair or replacement goods unless waived or
398 amended by the shipper; authorizing the shipper to
399 waive or amend the valuation coverage; requiring that
400 the waiver be made in a signed acknowledgment in the
401 contract; revising the time at which the mover must
402 disclose the terms of the coverage to the shipper in
403 writing including any deductibles; revising the
404 information that the disclosure must provide to the
405 shipper; amending s. 507.05, F.S.; requiring a mover
406 to conduct a physical survey and provide a binding
407 estimate in certain circumstances unless waived by the
408 shipper; requiring specified content for the binding
409 estimate; authorizing a shipper to waive the binding
410 estimate in certain circumstances; authorizing the
411 mover to provide a maximum one-time fee for providing
412 a binding estimate; requiring the mover and shipper to
413 sign the estimate; requiring the mover to provide the
414 shipper with a copy of the estimate at the time of
415 signature; providing that a binding estimate may only
416 be amended under certain circumstances; authorizing a
417 mover to charge more than the binding estimate in
418 certain circumstances; requiring a mover to allow a
419 shipper to consider whether additional services are
420 needed; requiring a mover to retain a copy of the
421 binding estimate for a specified period; requiring a
422 mover to provide a contract for service to the shipper
423 before providing moving or accessorial services;
424 requiring a driver to have possession of the contract
425 before leaving the point of origin; requiring a mover
426 to retain a contract of service for a specified
427 period; creating s. 507.054, F.S.; requiring the
428 department to prepare a publication that summarizes
429 the rights and responsibilities of, and remedies
430 available to, movers and shippers; requiring the
431 publication to meet certain specifications; creating
432 s. 507.055, F.S.; requiring a mover to provide certain
433 disclosures to a prospective shipper; amending s.
434 507.06, F.S.; requiring a mover to tender household
435 goods for delivery on the agreed upon delivery date or
436 within a specified period unless waived by the
437 shipper; requiring a mover to notify and provide
438 certain information to a shipper if the mover is
439 unable to perform delivery on the agreed upon date or
440 during the specified period; creating s. 507.065,
441 F.S.; providing a maximum amount that a mover may
442 charge a shipper unless waived by the shipper;
443 requiring a mover to notify and provide