Florida Senate - 2022                                    SB 1928
       By Senator Hooper
       16-01422-22                                           20221928__
    1                        A bill to be entitled                      
    2         An act relating to household moving services; amending
    3         s. 507.01, F.S.; defining and redefining terms;
    4         amending s. 507.02, F.S.; clarifying intent; amending
    5         s. 507.03, F.S.; revising the conditions under which
    6         the Department of Agriculture and Consumer Services is
    7         authorized to deny, refuse to renew, or revoke the
    8         registration of any mover or moving broker; amending
    9         s. 507.04, F.S.; removing a prohibition that precludes
   10         a mover from limiting its liability for the loss or
   11         damage of household goods to a specified valuation
   12         rate; removing a requirement that a mover disclose a
   13         liability limitation when the mover limits its
   14         liability for a shipper’s goods; requiring a mover to
   15         indemnify a shipper for the loss of or damage to the
   16         shipper’s household goods caused by the mover during a
   17         household move; requiring the mover to indemnify the
   18         shipper for at least the cost of repair or replacement
   19         of goods unless waived or amended by the shipper;
   20         authorizing the shipper to waive or amend the
   21         indemnification for loss of or damage to the shipper’s
   22         household goods; requiring that the waiver be made in
   23         a signed or electronic acknowledgment in the contract;
   24         revising the time at which the mover must disclose the
   25         terms of the coverage, including any deductibles, to
   26         the shipper in writing; revising the information that
   27         the disclosure must provide to the shipper; amending
   28         s. 507.05, F.S.; requiring a mover to conduct a
   29         physical survey and provide a binding estimate in
   30         certain circumstances unless waived by the shipper;
   31         requiring specified content for the binding estimate;
   32         authorizing a shipper to waive the binding estimate in
   33         certain circumstances; requiring the mover and shipper
   34         to sign or electronically acknowledge the estimate;
   35         requiring the mover to provide the shipper with a copy
   36         of the estimate at the time of signature or electronic
   37         acknowledgment; providing that a binding estimate may
   38         be amended only under certain circumstances;
   39         authorizing a mover to charge more than the binding
   40         estimate in certain circumstances; requiring a mover
   41         to allow a shipper at least 1 hour to determine
   42         whether to authorize impracticable operations;
   43         requiring a mover to retain a copy of the binding
   44         estimate for a specified period; requiring a mover to
   45         provide a contract for service to the shipper before
   46         providing moving or accessorial services; requiring a
   47         driver to have possession of the contract before
   48         leaving the point of origin; requiring a mover to
   49         retain a contract of service for a specified period;
   50         creating s. 507.054, F.S.; requiring the department to
   51         prepare a publication that summarizes the rights and
   52         responsibilities of, and remedies available to, movers
   53         and shippers; requiring the department to make the
   54         publication available to the public on the
   55         department’s website; requiring the mover to provide
   56         an electronic or hard copy of the department’s
   57         publication to shippers at specified times; requiring
   58         the publication to meet certain specifications;
   59         requiring the shipper to acknowledge receipt of the
   60         copy of the publication by signed or electronic
   61         acknowledgment; creating s. 507.055, F.S.; requiring a
   62         mover to provide certain disclosures to a prospective
   63         shipper; amending s. 507.06, F.S.; requiring a mover
   64         to tender household goods for delivery on the agreed
   65         upon delivery date or within a specified period unless
   66         waived by the shipper; requiring a mover to notify and
   67         provide certain information to a shipper if the mover
   68         is unable to perform delivery on the agreed upon date
   69         or during the specified period; creating s. 507.065,
   70         F.S.; providing a maximum amount that a mover may
   71         charge a shipper unless waived by the shipper;
   72         requiring a mover to bill a shipper for specified
   73         charges in certain circumstances; authorizing a mover
   74         to assess a late fee for any uncollected charges in
   75         certain circumstances; amending s. 507.07, F.S.;
   76         providing that it is a violation of ch. 507, F.S., to
   77         fail to comply with specified provisions; providing
   78         that it is a violation of ch. 507, F.S., to increase
   79         the contracted cost for moving services in certain
   80         circumstances; conforming provisions to changes made
   81         by the act; amending s. 507.09, F.S.; requiring the
   82         department, upon verification by certain entities, to
   83         immediately suspend a registration or the processing
   84         of an application for a registration in certain
   85         circumstances; amending s. 507.10, F.S.; conforming a
   86         provision to changes made by the act; amending s.
   87         507.11, F.S.; providing criminal penalties; creating
   88         s. 507.14, F.S.; requiring the department to adopt
   89         rules; providing an effective date.
   91  Be It Enacted by the Legislature of the State of Florida:
   93         Section 1. Section 507.01, Florida Statutes, is reordered
   94  and amended to read:
   95         507.01 Definitions.—As used in this chapter, the term:
   96         (1) “Accessorial services” means any service performed by a
   97  mover which results in a charge to the shipper and is incidental
   98  to the transportation or shipment of household goods, including,
   99  but not limited to, valuation coverage; preparation of written
  100  inventory; equipment, including dollies, hand trucks, pads,
  101  blankets, and straps; storage, packing, unpacking, or crating of
  102  articles; hoisting or lowering; waiting time; carrying articles
  103  excessive distances to or from the mover’s vehicle, which may be
  104  cited as “long carry”; overtime loading and unloading;
  105  reweighing; disassembly or reassembly; elevator or stair
  106  carrying; boxing or servicing of appliances; and furnishing of
  107  packing or crating materials. The term includes services not
  108  performed by the mover but performed by a third party at the
  109  request of the shipper or mover, if the charges for these
  110  services are to be paid to the mover by the shipper at or before
  111  the time of delivery.
  112         (2) “Additional services” means any additional
  113  transportation of household goods which is performed by a mover,
  114  is not specifically included in a binding estimate or contract,
  115  and results in a charge to the shipper.
  116         (3) “Advertise” means to advise, announce, give notice of,
  117  publish, or call attention by use of oral, written, or graphic
  118  statement made in a newspaper or other publication or on radio
  119  or television, any electronic medium, or contained in any
  120  notice, handbill, sign, including signage on vehicle, flyer,
  121  catalog or letter, or printed on or contained in any tag or
  122  label attached to or accompanying any good.
  123         (4) “Binding estimate” means a written or electronic
  124  document that specifies the total cost of a move, including, but
  125  not limited to, the loading, transportation or shipment, and
  126  unloading of household goods and any accessorial services the
  127  shipper must pay for the complete move of his or her household
  128  goods.
  129         (5)(3) “Compensation” means money, fee, emolument, quid pro
  130  quo, barter, remuneration, pay, reward, indemnification, or
  131  satisfaction.
  132         (6)(4) “Contract for service” or “bill of lading” means a
  133  written document approved by the shipper in writing before the
  134  performance of any service which authorizes services from the
  135  named mover and lists the services and all costs associated with
  136  the household move and accessorial services to be performed.
  137         (7)(5) “Department” means the Department of Agriculture and
  138  Consumer Services.
  139         (6) “Estimate” means a written document that sets forth the
  140  total costs and describes the basis of those costs, relating to
  141  a shipper’s household move, including, but not limited to, the
  142  loading, transportation or shipment, and unloading of household
  143  goods and accessorial services.
  144         (8)(7) “Household goods” or “goods” means personal effects
  145  or other personal property commonly found in a home, personal
  146  residence, or other dwelling, including, but not limited to,
  147  household furniture. The term does not include freight or
  148  personal property moving to or from a factory, store, or other
  149  place of business.
  150         (9)(8) “Household move” or “move” means the loading of
  151  household goods into a vehicle, moving container, or other mode
  152  of transportation or shipment; the transportation or shipment of
  153  those household goods; and the unloading of those household
  154  goods, when the transportation or shipment originates and
  155  terminates at one of the following ultimate locations,
  156  regardless of whether the mover temporarily stores the goods
  157  while en route between the originating and terminating
  158  locations:
  159         (a) From one dwelling to another dwelling;
  160         (b) From a dwelling to a storehouse or warehouse that is
  161  owned or rented by the shipper or the shipper’s agent; or
  162         (c) From a storehouse or warehouse that is owned or rented
  163  by the shipper or the shipper’s agent to a dwelling.
  164         (10) “Impracticable operations” means operations of the
  165  mover which are necessary to complete the move due to
  166  substantial and unforeseen conditions arising after execution of
  167  a contract for household services. Such conditions must make it
  168  impractical for a mover to perform pickup or delivery services
  169  for a household move as originally provided in the contract.
  170         (11)(9) “Mover” means a person who, for compensation,
  171  contracts for or engages in the loading, transportation or
  172  shipment, or unloading of household goods as part of a household
  173  move. The term does not include a postal, courier, envelope, or
  174  package service that, or a personal laborer who, does not
  175  advertise itself as a mover or moving service.
  176         (12)(10) “Moving broker” or “broker” means a person who,
  177  for compensation, arranges for another person to load, transport
  178  or ship, or unload household goods as part of a household move
  179  or who, for compensation, refers a shipper to a mover by
  180  telephone, postal or electronic mail, Internet website, or other
  181  means.
  182         (13)(11) “Moving container” means a receptacle holding at
  183  least 200 cubic feet of volume which is used to transport or
  184  ship household goods as part of a household move.
  185         (14)“Personal laborer” means an individual hired directly
  186  by the shipper to assist in the loading and unloading of the
  187  shipper’s own household goods. The term does not include any
  188  individual who has contracted with or is compensated by a third
  189  party or whose services are brokered as part of a household
  190  move.
  191         (15)(12) “Shipper” means a person who uses the services of
  192  a mover to transport or ship household goods as part of a
  193  household move.
  194         (16)(13) “Storage” means the temporary warehousing of a
  195  shipper’s goods while under the care, custody, and control of
  196  the mover.
  197         Section 2. Subsection (3) of section 507.02, Florida
  198  Statutes, is amended to read:
  199         507.02 Construction; intent; application.—
  200         (3) This chapter is intended to provide consistency and
  201  transparency in moving practices and to create the presumption
  202  that movers of household goods will make necessary disclosures
  203  and educate uninformed shippers in order to secure the
  204  satisfaction and confidence of shippers and members of the
  205  public when using a mover.
  206         Section 3. Subsection (8) of section 507.03, Florida
  207  Statutes, is amended to read:
  208         507.03 Registration.—
  209         (8) The department may deny, refuse to renew, or revoke the
  210  registration of any mover or moving broker based upon a
  211  determination that the mover or moving broker, or any of the
  212  mover’s or moving broker’s directors, officers, owners, or
  213  general partners:
  214         (a) Has failed to meet the requirements for registration as
  215  provided in this chapter;
  216         (b) Has been convicted of a crime involving fraud, theft,
  217  larceny, embezzlement, or fraudulent conversion or
  218  misappropriation of property or a crime arising from conduct
  219  during a movement of household goods dishonest dealing, or any
  220  other act of moral turpitude;
  221         (c) Has not satisfied a civil fine or penalty arising out
  222  of any administrative or enforcement action brought by any
  223  governmental agency or private person based upon conduct
  224  involving fraud, theft, dishonest dealing, or any violation of
  225  this chapter;
  226         (d) Has pending against him or her any criminal,
  227  administrative, or enforcement proceedings in any jurisdiction,
  228  based upon conduct involving fraud, theft, larceny,
  229  embezzlement, or fraudulent conversion or misappropriation of
  230  property or a crime arising from conduct during a movement of
  231  household goods dishonest dealing, or any other act of moral
  232  turpitude; or
  233         (e) Has had a judgment entered against him or her in any
  234  action brought by the department or the Department of Legal
  235  Affairs under this chapter or ss. 501.201-501.213, the Florida
  236  Deceptive and Unfair Trade Practices Act.
  237         Section 4. Subsections (1), (3), (4), and (5) of section
  238  507.04, Florida Statutes, are amended to read:
  239         507.04 Required insurance coverages; liability limitations;
  240  valuation coverage.—
  242         (a)1. Except as provided in paragraph (b), each mover
  243  operating in this state must maintain current and valid cargo
  244  liability insurance coverage of at least $10,000 per shipment
  245  for the loss or damage of household goods resulting from the
  246  negligence of the mover or its employees or agents.
  247         2. The mover must provide the department with evidence of
  248  liability insurance coverage before the mover is registered with
  249  the department under s. 507.03. All insurance coverage
  250  maintained by a mover must remain in effect throughout the
  251  mover’s registration period. A mover’s failure to maintain
  252  insurance coverage in accordance with this paragraph constitutes
  253  an immediate threat to the public health, safety, and welfare.
  254         (b) A mover that operates two or fewer vehicles, in lieu of
  255  maintaining the cargo liability insurance coverage required
  256  under paragraph (a), may, and each moving broker must, maintain
  257  one of the following alternative coverages:
  258         1. A performance bond in the amount of $25,000, for which
  259  the surety of the bond must be a surety company authorized to
  260  conduct business in this state; or
  261         2. A certificate of deposit in a Florida banking
  262  institution in the amount of $25,000.
  264  The original bond or certificate of deposit must be filed with
  265  the department and must designate the department as the sole
  266  beneficiary. The department must use the bond or certificate of
  267  deposit exclusively for the payment of claims to consumers who
  268  are injured by the fraud, misrepresentation, breach of contract,
  269  misfeasance, malfeasance, or financial failure of the mover or
  270  moving broker or by a violation of this chapter by the mover or
  271  broker. Liability for these injuries may be determined in an
  272  administrative proceeding of the department or through a civil
  273  action in a court of competent jurisdiction. However, claims
  274  against the bond or certificate of deposit must only be paid, in
  275  amounts not to exceed the determined liability for these
  276  injuries, by order of the department in an administrative
  277  proceeding. The bond or certificate of deposit is subject to
  278  successive claims, but the aggregate amount of these claims may
  279  not exceed the amount of the bond or certificate of deposit.
  280         (3) INSURANCE COVERAGES.—The insurance coverages required
  281  under paragraph (1)(a) and subsection (2) must be issued by an
  282  insurance company or carrier licensed to transact business in
  283  this state under the Florida Insurance Code as designated in s.
  284  624.01. The department shall require a mover to present a
  285  certificate of insurance of the required coverages before
  286  issuance or renewal of a registration certificate under s.
  287  507.03. The department shall be named as a certificateholder in
  288  the certificate and must be notified at least 10 days before
  289  cancellation of insurance coverage. A mover’s failure to
  290  maintain insurance coverage constitutes an immediate threat to
  291  the public health, safety, and welfare. If a mover fails to
  292  maintain insurance coverage, the department may immediately
  293  suspend the mover’s registration or eligibility for
  294  registration, and the mover must immediately cease operating as
  295  a mover in this state. In addition, and notwithstanding the
  296  availability of any administrative relief pursuant to chapter
  297  120, the department may seek from the appropriate circuit court
  298  an immediate injunction prohibiting the mover from operating in
  299  this state until the mover complies with this section, a civil
  300  penalty not to exceed $5,000, and court costs.
  302  RATES.—A mover may not limit its liability for the loss or
  303  damage of household goods to a valuation rate that is less than
  304  60 cents per pound per article. A provision of a contract for
  305  moving services is void if the provision limits a mover’s
  306  liability to a valuation rate that is less than the minimum rate
  307  under this subsection. If a mover limits its liability for a
  308  shipper’s goods, the mover must disclose the limitation,
  309  including the valuation rate, to the shipper in writing at the
  310  time that the estimate and contract for services are executed
  311  and before any moving or accessorial services are provided. The
  312  disclosure must also inform the shipper of the opportunity to
  313  purchase valuation coverage if the mover offers that coverage
  314  under subsection (5).
  315         (5)VALUATION COVERAGE.—A mover shall indemnify may offer
  316  valuation coverage to compensate a shipper for the full
  317  replacement value loss or damage of the shipper’s household
  318  goods that are lost or damaged by the mover during a household
  319  move. The shipper may waive or amend the indemnification, and
  320  the waiver must be made by a signed or electronic acknowledgment
  321  in the contract If a mover offers valuation coverage, the
  322  coverage must indemnify the shipper for at least the minimum
  323  valuation rate required under subsection (4). The mover must
  324  disclose the terms of the indemnification coverage to the
  325  shipper in writing in at the time that the binding estimate and
  326  again when the contract for services is are executed and before
  327  any moving or accessorial services are provided. The disclosure
  328  must inform the shipper of the cost of the valuation coverage,
  329  the valuation rate of the coverage, and the opportunity to
  330  reject the coverage. If valuation coverage compensates a shipper
  331  for at least the minimum valuation rate required under
  332  subsection (4), the coverage satisfies the mover’s liability for
  333  the minimum valuation rate.
  334         Section 5. Section 507.05, Florida Statutes, is amended to
  335  read:
  336         507.05 Physical surveys, binding estimates, and contracts
  337  for service.—Before providing any moving or accessorial
  338  services, a contract and estimate must be provided to a
  339  prospective shipper in writing, must be signed and dated by the
  340  shipper and the mover, and must include:
  341         (1) PHYSICAL SURVEY.—A mover must conduct a physical survey
  342  of the household goods to be moved and provide the prospective
  343  shipper with a binding estimate of the cost of the move.
  344         (2) WAIVER OF SURVEY.—A shipper may elect to waive the
  345  physical survey. Such waiver must be in writing and signed or
  346  electronically acknowledged by the shipper before provision or
  347  waiver of the binding estimate by the shipper. The mover shall
  348  retain a copy of the waiver as an addendum to the contract for
  349  service.
  350         (3) BINDING ESTIMATE.—Before executing a contract for
  351  service for a household move, and at least 48 hours before the
  352  scheduled time and date of a shipment of household goods, a
  353  mover must provide a binding estimate. The binding estimate must
  354  be based on a physical survey conducted under subsection (1),
  355  unless waived pursuant to subsection (2).
  356         (a) The shipper may waive the binding estimate if the
  357  waiver is made by signed or electronic acknowledgment before the
  358  commencement of the 48-hour period before the household goods
  359  are loaded. The mover shall retain a copy of the waiver as an
  360  addendum to the contract for services. To be enforceable, a
  361  waiver executed under this paragraph must, at a minimum, include
  362  a statement in uppercase type at least 5 points larger than, and
  363  clearly distinguishable from, the rest of the text of the waiver
  364  or release containing the statement. The exact statement to be
  365  included in a waiver of a binding estimate to be used by all
  366  movers must be determined by the department in rulemaking and
  367  must include a delineation of the specific rights that a shipper
  368  may lose by waiving the binding estimate.
  369         (b)The shipper may also waive the 48-hour period if the
  370  moving services requested commence within 48 hours after the
  371  shipper’s initial contact with the mover contracted to perform
  372  the moving services.
  373         (c) At a minimum, the binding estimate must include all of
  374  the following:
  375         1. The table of measures or hourly quotation used by the
  376  mover or the mover’s agent in preparing the binding estimate.
  377         2. The date the binding estimate was prepared and the
  378  proposed date of the move, if any.
  379         3. An itemized breakdown and description of services, and
  380  the total cost to the shipper of loading, transporting or
  381  shipping, unloading, and accessorial services.
  382         4. A statement that the estimate is binding on the mover
  383  and the shipper and that the charges shown apply only to those
  384  services specifically identified in the estimate.
  385         5. Identification of acceptable forms of payment.
  386         (d) The binding estimate must be signed or electronically
  387  acknowledged by the mover and the shipper, and a copy must be
  388  provided to the shipper by the mover at the time that the
  389  binding estimate is signed or electronically acknowledged.
  390         (e) A binding estimate may be amended by the mover only
  391  before the scheduled loading of household goods for shipment
  392  when the shipper has requested additional services of the mover
  393  not previously disclosed in the original binding estimate, or
  394  upon mutual agreement of the mover and the shipper. Once a mover
  395  begins to load the household goods for a move, failure to
  396  execute a new binding estimate signifies that the mover has
  397  reaffirmed the original binding estimate.
  398         (f) A mover may not collect more than the amount of the
  399  binding estimate unless:
  400         1.The shipper waives receipt of a binding estimate under
  401  this subsection.
  402         2. The shipper tenders additional household goods, requests
  403  additional services, or requires services that are not
  404  specifically included in the binding estimate, in which case the
  405  mover may execute an addendum to the binding estimate describing
  406  the additional household goods or need for additional services
  407  and the associated charges in writing. The mover must allow the
  408  shipper at least 1 hour to determine whether to execute the
  409  addendum. The mover may require full payment at the destination
  410  for the costs associated with the additional requested services
  411  as provided in the addendum to the binding estimate. If the
  412  shipper refuses to execute the addendum, the mover may refuse to
  413  ship the additional goods or perform the additional services
  414  requested.
  415         3.The mover advises the shipper, in advance of
  416  performance, that impracticable operations are essential to
  417  properly perform the move. The mover must allow the shipper at
  418  least 1 hour to determine whether to authorize the additional
  419  services.
  420         a.If the shipper agrees to pay for the impracticable
  421  operations, the mover must execute a written addendum to the
  422  contract for services, which must be signed or electronically
  423  acknowledged by the shipper. The addendum may be delivered to
  424  the shipper by personal delivery, facsimile, e-mail, overnight
  425  courier, or certified mail, with return receipt requested. The
  426  mover must bill the shipper for the agreed upon additional
  427  services within 15 days after the delivery of those additional
  428  services pursuant to s. 507.065.
  429         b.If the shipper does not agree to pay for the additional
  430  services, the mover may perform and, pursuant to s. 507.06, bill
  431  the shipper for those additional services necessary to complete
  432  the delivery. It is the mover’s burden to show that the
  433  impracticable operations were necessary to properly perform the
  434  move.
  435         (g) A mover shall retain a copy of the binding estimate and
  436  any addendums thereto for each move performed for at least 1
  437  year after its preparation date as an attachment to the contract
  438  for service.
  439         (4) CONTRACT FOR SERVICE.—Before providing any moving or
  440  accessorial services, a mover must provide a contract for
  441  service to the shipper, which the shipper must sign or
  442  electronically acknowledge and date.
  443         (a) At a minimum, the contract for service must include:
  444         1. The name, telephone number, and physical address where
  445  the mover’s employees are available during normal business
  446  hours.
  447         2.(2) The date the contract was or estimate is prepared and
  448  the any proposed date of the move, if any.
  449         3.(3) The name and address of the shipper, the addresses
  450  where the articles are to be picked up and delivered, and a
  451  telephone number where the shipper may be reached.
  452         4.(4) The name, telephone number, and physical address of
  453  any location where the household goods will be held pending
  454  further transportation, including situations in which where the
  455  mover retains possession of household goods pending resolution
  456  of a fee dispute with the shipper.
  457         5.(5)A binding estimate provided in accordance with
  458  subsection (3) An itemized breakdown and description and total
  459  of all costs and services for loading, transportation or
  460  shipment, unloading, and accessorial services to be provided
  461  during a household move or storage of household goods.
  462         6. The total charges owed by the shipper based on the
  463  binding estimate and the terms and conditions for their payment,
  464  including any required minimum payment.
  465         7.If the household goods are transported under an
  466  agreement to collect payment upon delivery, the maximum payment
  467  that the mover may demand at the time of delivery.
  468         8.(6) Acceptable forms of payment, which must be clearly
  469  and conspicuously disclosed to the shipper on the binding
  470  estimate and the contract for services. A mover must shall
  471  accept at least a minimum of two of the three following forms of
  472  payment:
  473         a.(a) Cash, cashier’s check, money order, or traveler’s
  474  check;
  475         b.(b) Valid personal check, showing upon its face the name
  476  and address of the shipper or authorized representative; or
  477         c.(c) Valid credit card, which shall include, but not be
  478  limited to, Visa or MasterCard.
  480  A mover must clearly and conspicuously disclose to the shipper
  481  in the estimate and contract for services the forms of payments
  482  the mover will accept, including the forms of payment described
  483  in paragraphs (a)-(c).
  484         (b) Each addendum to the contract for service is an
  485  integral part of the contract.
  486         (c) A copy of the contract for service must accompany the
  487  household goods whenever they are in the mover’s or the mover’s
  488  agent’s possession. Before a vehicle being used for the move
  489  leaves the point of origin, the driver responsible for the move
  490  must have the contract for service in his or her possession.
  491         (d) A mover shall retain a contract for service for each
  492  move it performs for at least 1 year after the date the contract
  493  for service was signed or electronically acknowledged.
  494         Section 6. Section 507.054, Florida Statutes, is created to
  495  read:
  496         507.054 Publication.—
  497         (1) The department shall prepare a publication that
  498  includes a summary of the rights and responsibilities of, and
  499  remedies available to, movers and shippers under this chapter.
  500  The publication must include a statement that a mover’s failure
  501  to relinquish household goods as required by this chapter
  502  constitutes a felony of the third degree, punishable as provided
  503  in s. 775.082, s. 775.083, or s. 775.084, that any other
  504  violation of this chapter constitutes a misdemeanor of the first
  505  degree, punishable as provided in s. 775.082 or s. 775.083, and
  506  that any violation of this chapter constitutes a violation of
  507  the Florida Deceptive and Unfair Trade Practices Act. The
  508  publication must also include a notice to the shipper of the
  509  potential risks of shipping sentimental or family heirloom
  510  items. The department shall make the publication available to
  511  the public on the department’s website.
  512         (2) A mover must provide an electronic or hard copy of the
  513  department’s publication to shippers at the physical survey or,
  514  if the physical survey is timely waived by the shipper, before
  515  contracting for the household move.
  516         (3) A mover may customize the color, design, and dimension
  517  of the front and back covers of the standard department
  518  publication. If the mover customizes the publication, the
  519  customized publication must include the content specified in
  520  subsection (1) and meet the following requirements:
  521         (a) The font size used must be at least 10 points, with the
  522  exception that the following must appear prominently on the
  523  front cover in at least 12-point boldface type: “Your Rights and
  524  Responsibilities When You Move. Furnished by Your Mover, as
  525  Required by Florida Law.”
  526         (b) The size of the booklet must be at least 36 square
  527  inches.
  528         (4) The shipper must acknowledge receipt of the electronic
  529  or hard copy of the publication by signed or electronic
  530  acknowledgment in the contract.
  531         Section 7. Section 507.055, Florida Statutes, is created to
  532  read:
  533         507.055Required disclosure and acknowledgment of rights
  534  and remedies.—Before executing a contract for service for a
  535  move, a mover must provide to a prospective shipper all of the
  536  following:
  537         (1) The publication required under s. 507.054.
  538         (2) A concise, easy-to-read, and accurate binding estimate
  539  required under s. 507.05(3).
  540         Section 8. Subsections (1) and (3) of section 507.06,
  541  Florida Statutes, are amended, and subsection (4) is added to
  542  that section, to read:
  543         507.06 Delivery and storage of household goods.—
  544         (1) On the agreed upon delivery date or within the
  545  timeframe specified in the contract for service, a mover must
  546  relinquish household goods to a shipper and must place the
  547  household goods inside a shipper’s dwelling or, if directed by
  548  the shipper, inside a storehouse or warehouse that is owned or
  549  rented by the shipper or the shipper’s agent, unless the shipper
  550  has not tendered payment pursuant to s. 507.065. This
  551  requirement may be waived by the shipper in the amount specified
  552  in a written contract or estimate signed and dated by the
  553  shipper. A mover may not, under any circumstances, refuse to
  554  relinquish prescription medicines and household goods for use by
  555  children, including children’s furniture, clothing, or toys,
  556  under any circumstances.
  557         (3) A mover that lawfully fails to relinquish a shipper’s
  558  household goods may place the goods in storage until payment in
  559  accordance with s. 507.065 is tendered; however, the mover must
  560  notify the shipper of the location where the goods are stored
  561  and the amount due within 5 days after receipt of a written
  562  request for that information from the shipper, which request
  563  must include the address where the shipper may receive the
  564  notice. A mover may not require a prospective shipper to waive
  565  any rights or requirements under this section.
  566         (4)If a mover becomes aware that it will be unable to
  567  perform either the pickup or the delivery of household goods on
  568  the date agreed upon or during the timeframe specified in the
  569  contract for service due to circumstances not anticipated by the
  570  contract, the mover must notify the shipper of the delay and
  571  advise the shipper of the amended date or timeframe within which
  572  the mover expects to pick up or deliver the household goods in a
  573  timely manner.
  574         Section 9. Section 507.065, Florida Statutes, is created to
  575  read:
  576         507.065 Payment.—
  577         (1) Except as provided in s. 507.05(3), the maximum amount
  578  that a mover may charge before relinquishing household goods to
  579  a shipper is the exact amount of the binding estimate, unless
  580  waived by the shipper.
  581         (2) A mover must bill a shipper for any charges assessed
  582  under this chapter which are not collected upon delivery of
  583  household goods at their destination within 15 days after such
  584  delivery. A mover may assess a late fee for any uncollected
  585  charges if the shipper fails to make payment within 30 days
  586  after receipt of the bill.
  587         Section 10. Subsections (1), (4), and (5) and paragraphs
  588  (a) and (b) of subsection (6) of section 507.07, Florida
  589  Statutes, are amended to read:
  590         507.07 Violations.—It is a violation of this chapter:
  591         (1) To operate conduct business as a mover or moving
  592  broker, or advertise to engage in violation the business of
  593  moving or fail to comply with ss. 507.03-507.10, or any other
  594  requirement under this chapter offering to move, without being
  595  registered with the department.
  596         (4) To increase the contracted cost fail to honor and
  597  comply with all provisions of the contract for moving services
  598  in any way other than provided for in this chapter or bill of
  599  lading regarding the purchaser’s rights, benefits, and
  600  privileges thereunder.
  601         (5) To withhold delivery of household goods or in any way
  602  hold household goods in storage against the expressed wishes of
  603  the shipper if payment has been made as delineated in the
  604  binding estimate or contract for services, or pursuant to this
  605  chapter.
  606         (6)(a) To include in any contract any provision purporting
  607  to waive or limit any right or benefit provided to shippers
  608  under this chapter.
  609         (b)Unless expressly authorized by this chapter, to seek or
  610  solicit a waiver or acceptance of limitation from a shipper
  611  concerning rights or benefits provided under this chapter.
  612         Section 11. Section 507.09, Florida Statutes, is amended to
  613  read:
  614         507.09 Administrative remedies; penalties.—
  615         (1) The department may enter an order doing one or more of
  616  the following if the department finds that a mover or moving
  617  broker, or a person employed or contracted by a mover or broker,
  618  has violated or is operating in violation of this chapter or the
  619  rules or orders issued pursuant to this chapter:
  620         (a) Issuing a notice of noncompliance under s. 120.695.
  621         (b) Imposing an administrative fine in the Class II
  622  category pursuant to s. 570.971 for each act or omission.
  623  However, the department must impose an administrative fine in
  624  the Class IV category for each violation of s. 507.07(9) if the
  625  department does not seek a civil penalty for the same offense.
  626         (c) Directing that the person cease and desist specified
  627  activities.
  628         (d) Refusing to register or revoking or suspending a
  629  registration.
  630         (e) Placing the registrant on probation, subject to the
  631  conditions specified by the department.
  632         (2) The department, upon notification and subsequent
  633  written verification by a law enforcement agency, a court, a
  634  state attorney, or the Department of Law Enforcement, must
  635  immediately suspend a registration or the processing of an
  636  application for a registration if the registrant, applicant, or
  637  an officer or director of the registrant or applicant is
  638  formally charged with a crime involving fraud, theft, larceny,
  639  embezzlement, or fraudulent conversion or misappropriation of
  640  property or a crime arising from conduct during a movement of
  641  household goods until final disposition of the case or removal
  642  or resignation of that officer or director.
  643         (3) The administrative proceedings that which could result
  644  in the entry of an order imposing any of the penalties specified
  645  in subsection (1) or subsection (2) are governed by chapter 120.
  646         (3) The department may adopt rules under ss. 120.536(1) and
  647  120.54 to administer this chapter.
  648         Section 12. Subsection (4) of section 507.10, Florida
  649  Statutes, is amended to read:
  650         507.10 Civil penalties; remedies.—
  651         (4) Except as expressly authorized by this chapter, any
  652  provision in a contract for services or bill of lading from a
  653  mover or moving broker that purports to waive, limit, restrict,
  654  or avoid any of the duties, obligations, or prescriptions of the
  655  mover or broker, as provided in this chapter, is void.
  656         Section 13. Section 507.11, Florida Statutes, is amended to
  657  read:
  658         507.11 Criminal penalties.—
  659         (1) The refusal of a mover or a mover’s employee, agent, or
  660  contractor to comply with an order from a law enforcement
  661  officer to relinquish a shipper’s household goods after the
  662  officer determines that the shipper has tendered payment in
  663  accordance with s. 507.065 of the amount of a written estimate
  664  or contract, or after the officer determines that the mover did
  665  not produce a signed or electronically acknowledged binding
  666  estimate or contract for service upon which demand is being made
  667  for payment, is a felony of the third degree, punishable as
  668  provided in s. 775.082, s. 775.083, or s. 775.084. A mover’s
  669  compliance with an order from a law enforcement officer to
  670  relinquish household goods to a shipper is not a waiver or
  671  finding of fact regarding any right to seek further payment from
  672  the shipper.
  673         (2) Except as provided in subsection (1), any person or
  674  business that violates this chapter commits a misdemeanor of the
  675  first degree, punishable as provided in s. 775.082 or s.
  676  775.083.
  677         Section 14. Section 507.14, Florida Statutes, is created to
  678  read:
  679         507.14 Rulemaking.—The department shall adopt rules to
  680  administer this chapter.
  681         Section 15. This act shall take effect July 1, 2022.