Florida Senate - 2017 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 336 Ì605084*Î605084 576-02636-17 Proposed Committee Substitute by the Committee on Appropriations (Appropriations Subcommittee on the Environment and Natural Resources) 1 A bill to be entitled 2 An act relating to household movers and moving 3 brokers; amending s. 507.03, F.S.; requiring the 4 Department of Agriculture and Consumer Services to 5 deny or refuse to renew the registration of a mover or 6 a moving broker under certain circumstances; amending 7 s. 507.07, F.S.; prohibiting a mover or moving broker 8 from knowingly refusing or failing to disclose in 9 writing specified criminal information under certain 10 circumstances; amending ss. 507.09 and 507.10, F.S., 11 relating to administrative remedies and civil 12 penalties, respectively; requiring the department to 13 impose either a civil penalty or an administrative 14 fine for failure to disclose in writing specified 15 criminal information; providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Present subsections (9) and (10) of section 20 507.03, Florida Statutes, are redesignated as subsections (10) 21 and (11), respectively, and a new subsection (9) is added to 22 that section, to read: 23 507.03 Registration.— 24 (9) The department shall deny or refuse to renew the 25 registration of a mover or a moving broker or deny a 26 registration or renewal request by any of the mover’s or moving 27 broker’s directors, officers, owners, or general partners if the 28 mover or moving broker has not satisfied a civil penalty or 29 administrative fine for a violation of s. 507.07(9). 30 Section 2. Subsection (9) is added to section 507.07, 31 Florida Statutes, to read: 32 507.07 Violations.—It is a violation of this chapter: 33 (9) For a mover or a moving broker to knowingly refuse or 34 fail to disclose in writing to a customer before a household 35 move that the mover or an employee or subcontractor of the mover 36 or moving broker who has access to the dwelling or property of 37 the customer has been convicted of a felony listed in s. 38 775.21(4)(a)1. or convicted of a similar offense of another 39 jurisdiction, regardless of when such felony offense was 40 committed. 41 Section 3. Paragraph (b) of subsection (1) of section 42 507.09, Florida Statutes, is amended to read: 43 507.09 Administrative remedies; penalties.— 44 (1) The department may enter an order doing one or more of 45 the following if the department finds that a mover or moving 46 broker, or a person employed or contracted by a mover or broker, 47 has violated or is operating in violation of this chapter or the 48 rules or orders issued pursuant to this chapter: 49 (b) Imposing an administrative fine in the Class II 50 category pursuant to s. 570.971 for each act or omission. 51 However, the department must impose an administrative fine in 52 the Class IV category for each violation of s. 507.07(9) if the 53 department does not seek a civil penalty for the same offense. 54 Section 4. Subsection (2) of section 507.10, Florida 55 Statutes, is amended to read: 56 507.10 Civil penalties; remedies.— 57 (2) The department may seek a civil penalty in the Class II 58 category pursuant to s. 570.971 for each violation of this 59 chapter. However, the department must seek a civil penalty in 60 the Class IV category for each violation of s. 507.07(9) if the 61 department does not impose an administrative fine for the same 62 offense. 63 Section 5. This act shall take effect October 1, 2017.