Florida Senate - 2024                                     SB 304
       
       
        
       By Senator Hooper
       
       
       
       
       
       21-00170A-24                                           2024304__
    1                        A bill to be entitled                      
    2         An act relating to household moving services; amending
    3         s. 507.01, F.S.; revising definitions; amending s.
    4         507.02, F.S.; providing construction; amending s.
    5         507.03, F.S.; revising requirements for mover and
    6         moving broker estimates, contracts, and
    7         advertisements; conforming a cross-reference; revising
    8         requirements relating to lists that moving brokers
    9         must provide to the Department of Agriculture and
   10         Consumer Services; requiring the department to publish
   11         and maintain a specified list on its website;
   12         prohibiting certain persons from operating as or
   13         holding themselves out to be a mover or moving broker
   14         without first registering with the department;
   15         requiring the department to issue cease and desist
   16         orders to certain persons under certain circumstances;
   17         authorizing the department to seek an immediate
   18         injunction under certain circumstances; making
   19         technical changes; amending s. 507.04, F.S.; revising
   20         alternative insurance coverage requirements for
   21         movers; revising liability coverage requirements for
   22         moving brokers; requiring the department to
   23         immediately suspend a mover’s or moving broker’s
   24         registration under certain circumstances; authorizing
   25         the department to seek an immediate injunction under
   26         certain circumstances; conforming cross-references;
   27         amending s. 507.05, F.S.; revising requirements for
   28         contracts and estimates for prospective shippers;
   29         creating s. 507.056, F.S.; providing limitations and
   30         prohibitions for moving brokers; requiring moving
   31         brokers to make a specified disclosure to shippers
   32         before providing any services; prohibiting moving
   33         brokers’ fees from including certain costs; requiring
   34         that the documents moving brokers provide to shippers
   35         contain specified information; amending s. 507.07,
   36         F.S.; providing that it is a violation of ch. 507,
   37         F.S., for moving brokers to provide estimates or enter
   38         into contracts or agreements that were not prepared
   39         and signed or electronically acknowledged by a
   40         registered mover; amending s. 507.09, F.S.; conforming
   41         a cross-reference; requiring the department, upon
   42         verification by certain entities, to immediately
   43         suspend a registration or the processing of an
   44         application for a registration in certain
   45         circumstances; amending s. 507.10, F.S.; conforming a
   46         cross-reference; amending s. 507.11, F.S.; conforming
   47         provisions to changes made by the act; providing an
   48         effective date.
   49          
   50  Be It Enacted by the Legislature of the State of Florida:
   51  
   52         Section 1. Subsections (4), (6), and (10) of section
   53  507.01, Florida Statutes, are amended to read:
   54         507.01 Definitions.—As used in this chapter, the term:
   55         (4) “Contract for service” or “bill of lading” means a
   56  written document prepared by a registered mover which is
   57  approved and electronically acknowledged or signed by the
   58  shipper in writing before the performance of any service by the
   59  mover and which authorizes services from the named mover to
   60  perform and lists the services and lists all costs associated
   61  with the household move and accessorial services to be
   62  performed.
   63         (6) “Estimate” means a written document prepared by a
   64  registered mover which that sets forth the total costs and
   65  describes the basis of those costs, relating to a shipper’s
   66  household move, including, but not limited to, the loading,
   67  transportation or shipment, and unloading of household goods and
   68  accessorial services.
   69         (10) “Moving broker” or “broker” means a person who, for
   70  compensation, arranges with a registered mover for loading,
   71  transporting or shipping, or unloading of for another person to
   72  load, transport or ship, or unload household goods as part of a
   73  household move or who, for compensation, refers a shipper to a
   74  registered mover by telephone, postal or electronic mail,
   75  Internet website, or other means.
   76         Section 2. Present paragraph (b) of subsection (1) of
   77  section 507.02, Florida Statutes, is redesignated as paragraph
   78  (c), and a new paragraph (b) is added to that subsection, to
   79  read:
   80         507.02 Construction; intent; application.—
   81         (1) This chapter shall be construed liberally to:
   82         (b) Establish the law of this state governing the brokering
   83  of moves of household goods by moving brokers.
   84         Section 3. Subsections (1), (2), (5), (6), (7), (9), and
   85  (11) of section 507.03, Florida Statutes, are amended, and
   86  subsections (12) and (13) are added to that section, to read:
   87         507.03 Registration.—
   88         (1) Each mover and moving broker must register with the
   89  department, providing its legal business and trade name, mailing
   90  address, and business locations; the full names, addresses, and
   91  telephone numbers of its owners, or corporate officers, and
   92  directors and the Florida agent of the corporation; a statement
   93  whether it is a domestic or foreign corporation, its state and
   94  date of incorporation, its charter number, and, if a foreign
   95  corporation, the date it registered with the Department of
   96  State; the date on which the mover or moving broker registered
   97  its fictitious name if the mover or moving broker is operating
   98  under a fictitious or trade name; the name of all other
   99  corporations, business entities, and trade names through which
  100  each owner of the mover or moving broker operated, was known, or
  101  did business as a mover or moving broker within the preceding 5
  102  years; and proof of the insurance or alternative coverages
  103  required under s. 507.04.
  104         (2) A certificate evidencing proof of registration shall be
  105  issued by the department and must be prominently displayed in
  106  the mover’s or moving broker’s primary place of business.
  107         (5)(a) Each estimate or contract of a mover or moving
  108  broker must include the phrase “...(NAME OF FIRM)... is
  109  registered with the State of Florida as a Mover or Moving
  110  Broker. Fla. Mover Registration No. .....”
  111         (b)Any document from a moving broker must include the
  112  phrase ...(NAME OF FIRM)... is registered with the State of
  113  Florida as a Moving Broker. Fla. Moving Broker Registration No.
  114  .....”
  115         (6)(a) Each advertisement of a mover or moving broker must
  116  include the phrase “Fla. Mover Reg. No. ....” or “Fla. IM No.
  117  .....” Each of the mover’s vehicles must clearly and
  118  conspicuously display a sign on the driver’s side door which
  119  includes at least one of these phrases in lettering of at least
  120  1.5 inches in height.
  121         (b)Each advertisement of a moving broker must include the
  122  phrase “Fla. Moving Broker Reg. No. ..... ...(NAME OF MOVING
  123  BROKER)... is a moving broker. ...(NAME OF MOVING BROKER)... is
  124  paid by a shipper to arrange, or offer to arrange, the
  125  transportation of property by a registered mover.
  126         (7) A registration is not valid for any mover or moving
  127  broker transacting business at any place other than that
  128  designated in the mover’s or moving broker’s application, unless
  129  the department is first notified in writing before any change of
  130  location. A registration issued under this chapter is not
  131  assignable, and the mover or moving broker may not conduct
  132  business under more than one name except as registered. A mover
  133  or moving broker desiring to change its registered name or
  134  location or designated agent for service of process at a time
  135  other than upon renewal of registration must notify the
  136  department of the change.
  137         (9) The department shall deny or refuse to renew the
  138  registration of a mover or a moving broker or deny a
  139  registration or renewal request by any of the mover’s or moving
  140  broker’s directors, officers, owners, or general partners if the
  141  mover or moving broker has not satisfied a civil penalty or
  142  administrative fine for a violation of s. 507.07(10) s.
  143  507.07(9).
  144         (11) At the request of the department, Each moving broker
  145  shall provide the department with a complete list of the
  146  registered movers that the moving broker has contracted or is
  147  affiliated with, advertises on behalf of, arranges moves for, or
  148  refers shippers to, including each mover’s complete name,
  149  address, telephone number, and e-mail address, and registration
  150  number and the name of each mover’s owners, corporate officers,
  151  and directors owner or other principal. A moving broker must
  152  notify the department of any changes to the provided
  153  information. The department shall publish and maintain on its
  154  website a list of all moving brokers and the registered movers
  155  each moving broker is contracted with.
  156         (12)A person required to register pursuant to this section
  157  may not operate as or hold itself out to be a mover or moving
  158  broker without first registering with the department pursuant to
  159  this section.
  160         (13)The department must immediately issue a cease and
  161  desist order to a person upon finding that the person is
  162  operating as a mover or a moving broker without registering
  163  pursuant to this section. In addition, and notwithstanding the
  164  availability of any administrative relief under chapter 120, the
  165  department may seek from the appropriate circuit court an
  166  immediate injunction prohibiting the person from operating in
  167  this state until the person complies with this section and pays
  168  a civil penalty not to exceed $5,000 and court costs.
  169         Section 4. Present subsections (3), (4), and (5) of section
  170  507.04, Florida Statutes, are redesignated as subsections (4),
  171  (5), and (6), respectively, a new subsection (3) is added to
  172  that section, and subsection (1) and present subsections (4) and
  173  (5) of that section are amended, to read:
  174         507.04 Required insurance coverages; liability limitations;
  175  valuation coverage.—
  176         (1) LIABILITY INSURANCE.—
  177         (a)1. Except as provided in paragraph (b), each mover
  178  operating in this state must maintain current and valid
  179  liability insurance coverage of at least $10,000 per shipment
  180  for the loss or damage of household goods resulting from the
  181  negligence of the mover or its employees or agents.
  182         2. The mover must provide the department with evidence of
  183  liability insurance coverage before the mover is registered with
  184  the department under s. 507.03. All insurance coverage
  185  maintained by a mover must remain in effect throughout the
  186  mover’s registration period. A mover’s failure to maintain
  187  insurance coverage in accordance with this paragraph constitutes
  188  an immediate threat to the public health, safety, and welfare.
  189         (b) A mover that operates two or fewer vehicles, in lieu of
  190  maintaining the liability insurance coverage required under
  191  paragraph (a), may, and each moving broker must, maintain one of
  192  the following alternative coverages:
  193         1. A performance bond in the amount of $50,000 $25,000, for
  194  which the surety of the bond must be a surety company authorized
  195  to conduct business in this state; or
  196         2. A certificate of deposit in a Florida banking
  197  institution in the amount of $50,000 $25,000.
  198         (c)A moving broker must maintain one of the following
  199  coverages:
  200         1.A performance bond in the amount of $50,000, for which
  201  the surety of the bond must be a surety company authorized to
  202  conduct business in this state; or
  203         2.A certificate of deposit in a Florida banking
  204  institution in the amount of $50,000.
  205  
  206  The original bond or certificate of deposit must be filed with
  207  the department and must designate the department as the sole
  208  beneficiary. The department must use the bond or certificate of
  209  deposit exclusively for the payment of claims to consumers who
  210  are injured by the fraud, misrepresentation, breach of contract,
  211  misfeasance, malfeasance, or financial failure of the mover or
  212  moving broker or by a violation of this chapter by the mover or
  213  moving broker. Liability for these injuries may be determined in
  214  an administrative proceeding of the department or through a
  215  civil action in a court of competent jurisdiction. However,
  216  claims against the bond or certificate of deposit must only be
  217  paid, in amounts not to exceed the determined liability for
  218  these injuries, by order of the department in an administrative
  219  proceeding. The bond or certificate of deposit is subject to
  220  successive claims, but the aggregate amount of these claims may
  221  not exceed the amount of the bond or certificate of deposit.
  222         (3)REGISTRATION SUSPENSION.—The department must
  223  immediately suspend a mover’s or moving broker’s registration if
  224  the mover or moving broker fails to maintain the performance
  225  bond or certificate of deposit required under subsection (1) or
  226  the insurance required under subsection (2), and the mover or
  227  moving broker must immediately cease operating as a mover or
  228  moving broker in this state. In addition, and notwithstanding
  229  the availability of any administrative relief pursuant to
  230  chapter 120, the department may seek from a circuit court an
  231  immediate injunction prohibiting the mover or moving broker from
  232  operating in this state until the mover or moving broker
  233  complies with subsections (1) and (2) and pays a civil penalty
  234  not to exceed $5,000 and court costs.
  235         (5)(4) LIABILITY LIMITATIONS; VALUATION RATES.—A mover may
  236  not limit its liability for the loss or damage of household
  237  goods to a valuation rate that is less than 60 cents per pound
  238  per article. A provision of a contract for moving services is
  239  void if the provision limits a mover’s liability to a valuation
  240  rate that is less than the minimum rate under this subsection.
  241  If a mover limits its liability for a shipper’s goods, the mover
  242  must disclose the limitation, including the valuation rate, to
  243  the shipper in writing at the time that the estimate and
  244  contract for services are executed and before any moving or
  245  accessorial services are provided. The disclosure must also
  246  inform the shipper of the opportunity to purchase valuation
  247  coverage if the mover offers that coverage under subsection (6)
  248  (5).
  249         (6)(5) VALUATION COVERAGE.—A mover may offer valuation
  250  coverage to compensate a shipper for the loss or damage of the
  251  shipper’s household goods that are lost or damaged during a
  252  household move. If a mover offers valuation coverage, the
  253  coverage must indemnify the shipper for at least the minimum
  254  valuation rate required under subsection (5) (4). The mover must
  255  disclose the terms of the coverage to the shipper in writing at
  256  the time that the estimate and contract for services are
  257  executed and before any moving or accessorial services are
  258  provided. The disclosure must inform the shipper of the cost of
  259  the valuation coverage, the valuation rate of the coverage, and
  260  the opportunity to reject the coverage. If valuation coverage
  261  compensates a shipper for at least the minimum valuation rate
  262  required under subsection (5) (4), the coverage satisfies the
  263  mover’s liability for the minimum valuation rate.
  264         Section 5. Section 507.05, Florida Statutes, is amended to
  265  read:
  266         507.05 Estimates and contracts for service.—Before
  267  providing any moving or accessorial services, an estimate and a
  268  contract and estimate must be prepared by a registered mover and
  269  provided to a prospective shipper in writing, and the shipper,
  270  the mover, and, if applicable, the moving broker must sign or
  271  electronically acknowledge and date the estimate and contract.
  272  At a minimum, the estimate and contract for service must be
  273  signed and dated by the shipper and the mover, and must include:
  274         (1) The name, telephone number, and physical address where
  275  the mover’s and, if applicable, the moving broker’s employees
  276  are available during normal business hours.
  277         (2) The date the estimate and contract were or estimate is
  278  prepared by the mover and the any proposed date or dates of the
  279  shipper’s household move, including, but not limited to,
  280  loading, transportation, shipment, and unloading of household
  281  goods and accessorial services.
  282         (3) The name and address of the shipper, the addresses
  283  where the articles are to be picked up and delivered, and a
  284  telephone number where the shipper may be reached.
  285         (4) The name, telephone number, and physical address of the
  286  any location where the household goods will be held pending
  287  further transportation, including situations in which where the
  288  mover retains possession of household goods pending resolution
  289  of a fee dispute with the shipper.
  290         (5) An itemized breakdown and description and total of all
  291  costs and services for loading, transportation or shipment,
  292  unloading, and accessorial services to be provided during a
  293  household move or storage of household goods, including the fees
  294  of a moving broker, if used.
  295         (6) Acceptable forms of payment, which must be clearly and
  296  conspicuously disclosed to the shipper on the binding estimate
  297  and the contract for services. A mover must shall accept at
  298  least a minimum of two of the three following forms of payment:
  299         (a) Cash, cashier’s check, money order, or traveler’s
  300  check;
  301         (b) Valid personal check, showing upon its face the name
  302  and address of the shipper or authorized representative; or
  303         (c) Valid credit card, which shall include, but not be
  304  limited to, Visa or MasterCard.
  305  
  306  A mover must clearly and conspicuously disclose to the shipper
  307  in the estimate and contract for services the forms of payments
  308  the mover will accept, including the forms of payment described
  309  in paragraphs (a)-(c).
  310         Section 6. Section 507.056, Florida Statutes, is created to
  311  read:
  312         507.056Moving brokers; services.—
  313         (1)A moving broker may only arrange with a registered
  314  mover for the loading, transportation or shipment, or unloading
  315  of household goods as part of a household move or refer a
  316  shipper to a registered mover. Moving brokers may not give a
  317  verbal estimate or prepare a written estimate or contract for
  318  services which sets forth the total costs and describes the
  319  basis of those costs relating to a shipper’s household move,
  320  including, but not limited to, the loading, transportation or
  321  shipment, or unloading of household goods and accessorial
  322  services.
  323         (2)Before providing any service to a prospective shipper,
  324  a moving broker must disclose to the shipper that the broker may
  325  only arrange, or offer to arrange, the transportation of
  326  property by a registered mover. A moving broker’s fees may not
  327  include the cost of the shipper’s household move, including, but
  328  not limited to, the loading, transportation or shipment, or
  329  unloading of household goods and accessorial services. Any
  330  document provided to a shipper by a moving broker must include
  331  all of the following:
  332         (a) The name of the moving broker and the moving broker’s
  333  registration number.
  334         (b) The following statement displayed at the top of the
  335  document: ...(Name of Moving Broker)... is not a mover.
  336  ...(Name of Moving Broker)... is paid by the shipper to arrange,
  337  or offer to arrange, the transportation of property by a
  338  registered mover. The moving brokers fees do not include the
  339  cost of the shipper’s household move, including, but not limited
  340  to, the loading, transportation or shipment, or unloading of
  341  household goods and accessorial services.
  342         (c) The name, telephone number, and physical address where
  343  the moving broker’s employees are available during normal
  344  business hours.
  345         (d) An itemized breakdown, description, and total of all
  346  fees the moving broker charges to arrange with a registered
  347  mover for the loading, transportation or shipment, or unloading
  348  of household goods as part of a household move or to refer the
  349  shipper to a registered mover.
  350         (e) A list of all of the registered movers the moving
  351  broker has contracted with or is affiliated with, advertises on
  352  behalf of, arranges moves for, or refers shippers to, including
  353  each mover’s complete name, address, telephone number, e-mail
  354  address, and Florida Intrastate Registration Number and the name
  355  of each mover’s owners, corporate officers, and directors.
  356         (f) A list of acceptable forms of payment, which must
  357  include all of the forms of payment listed in at least two of
  358  the following subparagraphs:
  359         1. Cash, cashier’s check, money order, or traveler’s check.
  360         2. Valid personal check, showing upon its face the name and
  361  address of the shipper or authorized representative.
  362         3. Valid credit card, including, but not limited to, Visa
  363  or MasterCard.
  364         Section 7. Present subsections (8) and (9) of section
  365  507.07, Florida Statutes, are redesignated as subsections (9)
  366  and (10), respectively, and a new subsection (8) is added to
  367  that section, to read:
  368         507.07 Violations.—It is a violation of this chapter:
  369         (8) For a moving broker to provide an estimate or enter
  370  into a contract or agreement for moving, loading, shipping or
  371  transporting, or unloading services with a shipper which was not
  372  prepared and electronically acknowledged or signed by a mover
  373  who is registered with the department pursuant to this chapter.
  374         Section 8. Section 507.09, Florida Statutes, is amended to
  375  read:
  376         507.09 Administrative remedies; penalties.—
  377         (1) The department may enter an order doing one or more of
  378  the following if the department finds that a mover or moving
  379  broker, or a person employed or contracted by a mover or moving
  380  broker, has violated or is operating in violation of this
  381  chapter or the rules or orders issued pursuant to this chapter:
  382         (a) Issuing a notice of noncompliance under s. 120.695.
  383         (b) Imposing an administrative fine in the Class II
  384  category pursuant to s. 570.971 for each act or omission.
  385  However, the department must impose an administrative fine in
  386  the Class IV category for each violation of s. 507.07(10) s.
  387  507.07(9) if the department does not seek a civil penalty for
  388  the same offense.
  389         (c) Directing that the person cease and desist specified
  390  activities.
  391         (d) Refusing to register or revoking or suspending a
  392  registration.
  393         (e) Placing the registrant on probation, subject to the
  394  conditions specified by the department.
  395         (2) The department, upon notification and subsequent
  396  written verification by a law enforcement agency, a court, a
  397  state attorney, or the Department of Law Enforcement, must
  398  immediately suspend a registration or the processing of an
  399  application for a registration if the registrant, applicant, or
  400  officer or director of the registrant or applicant is formally
  401  charged with a crime involving fraud, theft, larceny,
  402  embezzlement, or fraudulent conversion or misappropriation of
  403  property or a crime arising from conduct during a movement of
  404  household goods until final disposition of the case or removal
  405  or resignation of that officer or director.
  406         (3) The administrative proceedings that which could result
  407  in the entry of an order imposing any of the penalties specified
  408  in subsection (1) or subsection (2) are governed by chapter 120.
  409         (4)(3) The department may adopt rules under ss. 120.536(1)
  410  and 120.54 to administer this chapter.
  411         Section 9. Subsection (2) of section 507.10, Florida
  412  Statutes, is amended to read:
  413         507.10 Civil penalties; remedies.—
  414         (2) The department may seek a civil penalty in the Class II
  415  category pursuant to s. 570.971 for each violation of this
  416  chapter. However, the department must seek a civil penalty in
  417  the Class IV category for each violation of s. 507.07(10) s.
  418  507.07(9) if the department does not impose an administrative
  419  fine for the same offense.
  420         Section 10. Subsection (1) of section 507.11, Florida
  421  Statutes, is amended to read:
  422         507.11 Criminal penalties.—
  423         (1) The refusal of a mover or a mover’s employee, agent, or
  424  contractor to comply with an order from a law enforcement
  425  officer to relinquish a shipper’s household goods after the
  426  officer determines that the shipper has tendered payment of the
  427  amount of a written estimate or contract, and, if applicable,
  428  amendments to the contract for services reflecting the price
  429  adjustment signed by the shipper or after the officer determines
  430  that the mover did not produce a signed or electronically
  431  acknowledged binding estimate or contract for service and, if
  432  applicable, amendments to the contract for services reflecting
  433  the price adjustment signed by the shipper upon which demand is
  434  being made for payment, is a felony of the third degree,
  435  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  436  A mover’s compliance with an order from a law enforcement
  437  officer to relinquish goods to a shipper is not a waiver or
  438  finding of fact regarding any right to seek further payment from
  439  the shipper.
  440         Section 11. This act shall take effect July 1, 2024.