House Bill 2287

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    Florida House of Representatives - 2000                HB 2287

        By Representative Gay






  1                      A bill to be entitled

  2         An act relating to regulation of movers;

  3         providing a short title; providing definitions;

  4         providing construction, intent, and

  5         application; requiring registration; requiring

  6         operating permits and vehicle decals; providing

  7         requirements, procedures, criteria, and

  8         limitations; authorizing the Department of

  9         Business and Professional Regulation to charge

10         certain fees; authorizing the department to

11         adopt rules; providing for denial, suspension,

12         and revocation of permits and decals; providing

13         requirements and procedures; providing for

14         hearings; providing for appeals; providing

15         procedures; requiring cargo valuation, cargo

16         legal liability, and motor vehicle insurance

17         coverage; providing requirements; providing

18         penalties; requiring moving vehicle signage;

19         requiring estimates of moving costs; providing

20         requirements, criteria, procedures, and

21         limitations; requiring contracts for service;

22         providing requirements; requiring disclosure

23         statements; specifying contents; prohibiting

24         charges in excess of written estimate;

25         providing an exception; specifying unlawful

26         charges; prohibiting refusal to relinquish

27         goods; requiring written inventories;

28         specifying acceptable forms of payment;

29         requiring timely shipping; requiring minimum

30         valuation coverage; providing for coverage in

31         excess of the minimum; requiring notice;

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  1         requiring maintenance of records; requiring

  2         procedures for responding to inquiries and

  3         complaints; providing requirements; prohibiting

  4         collecting or requiring payment of certain

  5         charges after loss or destruction; providing

  6         for claims; providing requirements and

  7         procedures; providing for consumer complaints;

  8         providing requirements and procedures;

  9         specifying fraudulent transfers of moving

10         companies; providing criteria; providing for

11         enforcement; providing penalties; providing for

12         fines; providing for waiver of certain rights

13         under certain circumstances; repealing local

14         laws or ordinances in conflict; providing

15         severability; providing an effective date.

16

17  Be It Enacted by the Legislature of the State of Florida:

18

19         Section 1.  Short title.--This act may be cited as the

20  "Florida Movers Regulation Act."

21         Section 2.  Definitions.--For the purposes of this act:

22         (1)  "Accessorial services" means any service performed

23  by a mover which results in a charge to the shipper and is

24  incidental to the transportation service, including, but not

25  limited to: valuation coverage; preparation of written

26  inventory; storage, packing, unpacking, or crating of

27  articles; hoisting or lowering; waiting time; long carry,

28  which is defined to be carrying articles excessive distances

29  between the mover's vehicle and the residence; overtime

30  loading and unloading; reweighing; disassembly or reassembly;

31  elevator or stair carrying; boxing or servicing of appliances;

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  1  and furnishing of packing or crating materials.  Accessorial

  2  services also include services not performed by the mover but

  3  by a third party at the request of the shipper or mover, if

  4  the charges for such services are to be paid to the mover by

  5  the shipper at or prior to the time of delivery.

  6         (2)  "Advertising" means any written statement made in

  7  connection with the solicitation of a moving and storage

  8  business and includes, without limitation, statements and

  9  representations made in a newspaper, telephone yellow pages,

10  or other publications, on radio or television, or contained in

11  any notice, handbill, business card, sign, catalog, billboard,

12  brochure, poster, or letter.

13         (3)  "Compensation" means money, fee, emolument, quid

14  pro quo, barter, remuneration, pay, reward, indemnification,

15  or satisfaction.

16         (4)  "Contract for service" or "bill of lading" means a

17  written document prepared by the mover and approved by the

18  shipper in writing, prior to the performance of any service,

19  which authorizes services from the named mover and lists the

20  services and all costs associated with the transportation of

21  household goods and accessorial services to be performed on

22  behalf of the shipper.

23         (5)  "Department" means the Department of Business and

24  Professional Regulation.

25         (6)  "Division" means the Division of Professions of

26  the department.

27         (7)  "Estimate" means a written document provided to

28  the prospective shipper which sets forth the total cost and

29  the basis of such costs related to a shipper's move, which

30  shall include, but not be limited to, transportation or

31  accessorial services.

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  1         (8)  "Household goods" means personal effects or other

  2  personal property found in a home, other personal residence,

  3  other storage facility, or other location, of which the

  4  shipper is the owner or agent of the owner of the items.  The

  5  term includes personal property held or found in a storage or

  6  warehouse facility which is owned or rented by a shipper or

  7  his or her agent.  The term does not include freight or

  8  personal property moving to or from a factory or store or

  9  other place of business.

10         (9)  "Inventory" means a detailed descriptive list of

11  all the goods, furniture, boxes, and other items that are

12  tendered to the mover by the shipper, showing the number and

13  condition of each item.

14         (10)  "Mover" means any person who engages in the

15  transportation or shipment of household goods for compensation

16  or any person who holds himself or herself out to the general

17  public as engaging in the transportation or shipment of

18  household goods for compensation.

19         (11)  "Person" means both plural and singular as the

20  context demands and includes individuals, partnerships,

21  corporations, companies, trusts, societies, associations, and

22  any other legal entities.

23         (12)  "Shipper" means any person who uses the services

24  of a mover for the transportation or shipment of household

25  goods. The term includes any other person whom the shipper

26  designates in writing.

27         (13)  "Storage" means warehousing of the shipper's

28  goods while under the care, custody, and control of the mover.

29         (14)  "Vehicle decal" means a decal placed upon any

30  moving vehicle granted approval to provide moving services by

31  the division.

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  1         Section 3.  Construction; intent; application.--

  2         (1)  The provisions of this act shall be construed

  3  liberally to:

  4         (a)  Establish the law of this state governing the

  5  transportation, shipment, and affiliated storage of household

  6  goods.

  7         (b)  Address moving practices in this state in a manner

  8  not inconsistent with federal law relating to consumer

  9  protection.

10         (2)  The provisions of this act shall apply to the

11  operations of any mover engaged in the intrastate

12  transportation of household goods, except this act shall not

13  be construed to include shipments contracted by the United

14  States, the state, or any local government or political

15  subdivision of the state.  The provisions of this act shall

16  only apply to the transportation of household goods

17  originating in this state and terminating in this state.

18         (3)  It is the intent of this act to secure the

19  satisfaction and confidence of shippers and members of the

20  public when using a mover.

21         (4)  Nothing in this act shall be construed to remove

22  the authority or jurisdiction of any federal agency with

23  respect to goods or services regulated or controlled under

24  other provisions of law.

25         (5)  This act does not apply to an act or practice

26  required or specifically permitted by federal law.

27         (6)  All advertisements placed by movers shall furnish

28  the complete business address, telephone number, and

29  department moving permit number of such mover.

30

31

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  1         Section 4.  Registration; operating permit and decal

  2  required; denial, suspension, and revocation of permit;

  3  hearing; appeals.--

  4         (1)  No person shall engage in business or solicit

  5  business or advertise in this state as a mover of household

  6  goods originating in this state and terminating in this state

  7  without first obtaining an operating permit and vehicle decal

  8  from the division and maintaining such permit and decal as

  9  required in this act.

10         (2)  Each mover shall annually register with the

11  division for an operating permit and vehicle decal and provide

12  to the division: the mover's legal business and trade name,

13  current mailing address, and current business location for

14  each place from which the mover operates a main office, branch

15  offices, or storage locations; a designation of which location

16  constitutes the mover's principal place of business; a copy of

17  any occupational licenses; the full names, current mailing

18  addresses, current telephone numbers, and social security

19  numbers or federal tax identification numbers of the mover's

20  owners or corporate officers and directors; the Florida

21  registered agent of the corporation; a statement listing the

22  names of any other corporations, entities, or trade names

23  through which any owner, corporate officer, or director of the

24  registrant was known or did business as a mover within the 5

25  calendar years immediately preceding the year in which the

26  mover is submitting the application for registration; proof of

27  vehicle liability insurance and general liability insurance;

28  cargo legal liability insurance; the vehicle identification

29  number, license tag number, and gross weight of each

30  commercial motor vehicle operated by the mover; the number of

31  employees who are currently employed by the mover; proof of

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  1  workers' compensation insurance coverage required by chapter

  2  440, Florida Statutes, a state certificate of exemption, or a

  3  letter from the mover indicating that no such workers'

  4  compensation is required by law; and proof of all insurances

  5  required by section 5.

  6         (3)  Prior to any mover changing the mover's permitted

  7  business location, telephone number, or registered agent, such

  8  mover shall notify the division of such change in writing.

  9  The permit may be modified upon completion of the required

10  forms and payment of a fee to be established by the

11  department.

12         (4)  No permit shall be valid for any mover under any

13  other name or at any place other than that designated in the

14  permit.  A permit is not transferable or assignable, nor shall

15  the ownership structure of the mover be so modified as to

16  constitute a change in the control or ownership of the permit.

17  If the business changes its name or ownership structure, a new

18  operating permit application and all permit fees shall be

19  submitted to division.

20         (5)  The division shall require any person desiring to

21  obtain a permit as a mover to do so on forms prescribed by the

22  division. When obtaining a permit, changing a permit, or

23  renewing a permit, each mover shall furnish to the division a

24  nonrefundable fee.  All permit fees shall be established by

25  the department by rule.

26         (6)  The division shall issue to each mover an

27  operating permit in the form and size prescribed by the

28  division and which contains a permit number.  Such permit

29  shall be prominently displayed to the public in the mover's

30  primary place of business. The currently assigned permit

31  number shall appear in all advertising, including telephone

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  1  listings in any and all telephone yellow pages; on all forms;

  2  and on all commercial motor vehicles operated by the mover.

  3  The continued use, display, or advertising of an expired

  4  permit number is a violation of this act.

  5         (7)  The criteria for issuance of an operating permit

  6  shall be compliance by the applicant with all the applicable

  7  provisions of this act, submission to the division of a

  8  completed application for a permit, and payment of applicable

  9  fees.  Operating permits may be issued by the division subject

10  to such conditions, limitations, and restrictions imposed by

11  the division as the division deems necessary to protect

12  customers and consumers, provided such conditions,

13  limitations, and restrictions are consistent with the

14  provisions of this act. Violation of a condition, limitation,

15  or restriction of a permit is a violation of this act.  The

16  division may deny or refuse to renew the operating permit of

17  any mover based upon a determination that a mover or any of

18  its directors, officers, owners, or general partners:

19         (a)  Has failed to meet the requirements for initial

20  application or renewal as provided in this section;

21         (b)  Has been convicted of a crime involving fraud,

22  dishonest dealing, or theft involving transportation or

23  storage of household goods for compensation.  The division may

24  conduct criminal background checks to obtain such information

25  from the Department of Law Enforcement or any other government

26  agency;

27         (c)  Has not satisfied a civil fine or penalty arising

28  out of any administrative or enforcement action brought by any

29  governmental agency or private person based upon conduct

30  involving fraud or dishonest dealing, or any violation of this

31  act;

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  1         (d)  Has committed a fraudulent transfer of a moving

  2  company as described in section 19; or

  3         (e)  Has had a judgment or administrative order entered

  4  against it, him, or her in any action brought by the division

  5  under the provisions of this act.

  6         (8)  Any operating permit issued to any mover based

  7  upon the presentation by such mover of false identification or

  8  information, or identification not current with respect to

  9  name, address, and place of employment, or any other fact

10  material to such permit, is void.

11         (9)  The division may revoke or suspend an operating

12  permit issued pursuant to this act if the division determines

13  that the applicant has:

14         (a)  Violated any provision of this act;

15         (b)  Misrepresented or concealed a fact on the

16  application, renewal application, or replacement application

17  for an operating permit;

18         (c)  Aided or abetted a person who has not obtained a

19  permit to evade or avoid the provisions of this act;

20         (d)  Engaged in any conduct as part of the performance

21  of a contract for service which constitutes fraud;

22         (e)  Violated any condition, limitation, or restriction

23  of a permit imposed by the division;

24         (f)  Has been convicted of a crime involving fraud,

25  theft, or dishonest dealing involving transportation or

26  storage of household goods for compensation; or

27         (g)  Failed to comply with the terms of a cease and

28  desist order, notice to correct a violation, written assurance

29  of voluntary compliance, or any other lawful order of the

30  department, division, or a special master.

31

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  1         (10)  Two or more violations of the provisions of

  2  subsection (6), paragraph (7)(b), subsection (14), section 5,

  3  section 6, subsection (1) of section 8, section 9, subsection

  4  (2) of section 10, subsection (1) of section 14, subsection

  5  (1) of section 15, or subsection (4) of section 17, which

  6  result in civil fines or penalties, judgements, or

  7  administrative orders entered by the division or a conviction

  8  or plea of guilty or nolo contendere, may result in the

  9  revocation, suspension, or denial of the operating permit.

10         (11)  Upon denial, revocation, or suspension of a

11  permit, the mover shall be entitled to an appeal according to

12  the following:

13         (a)  Any moving company which has had an operating

14  permit denied, revoked, or suspended by the division, may

15  appeal such decision to the department within 20 days after

16  receipt of the decision. A nonrefundable filing fee must

17  accompany the written request for appeal. The filing fee shall

18  be established by rule of the department. The appeal shall be

19  reviewed at a hearing of the department within 60 days after

20  receipt by the division of the request for appeal.

21         (b)  At the conclusion of any hearing conducted

22  pursuant to this subsection, the department shall orally

23  render its decision based on evidence entered into the record.

24  The decision shall be stated in a written order and mailed to

25  the moving company not later than 10 days after the hearing

26  and shall be deemed final agency action with regard to the

27  matter appealed.

28         (c)  Any person may appeal a final determination of the

29  department within 30 days after the rendition of the decision

30  by filing a petition for writ of certiorari in a court of

31  competent jurisdiction in this state.

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  1         (12)  In the event of loss, destruction, or mutilation

  2  of an operating permit issued by the division, the person to

  3  whom the operating permit was issued may obtain a replacement

  4  of such permit upon furnishing satisfactory proof of loss,

  5  destruction, or mutilation to the division and payment of the

  6  applicable fee established by rule of the department.

  7  Applications for a replacement operating permit shall include

  8  the following information:

  9         (a)  Name and address of the applicant.

10         (b)  A verified explanation of the loss, destruction,

11  or mutilation of the operating permit.

12         (c)  Such other items and information as may be

13  required by the division.

14         (13)  All moving permits shall be renewed annually.

15  As part of the renewal process, the previous year's

16  application shall be updated and verified by the applicant.

17  Each updated renewal application shall be accompanied by a

18  nonrefundable fee which shall be established by rule of the

19  department.  All moneys received shall be deposited into the

20  department's Professional Regulation Trust Fund and shall be

21  used to accomplish the purposes of this act.  All moving

22  permits which are not renewed shall automatically expire upon

23  the expiration date of the permit, as stated on the permit,

24  and all moving and storage services authorized under the

25  permit shall cease immediately.  The division shall deny

26  renewal applications that are not timely, are incomplete, are

27  untrue in whole or in part, or are not accompanied by the

28  required nonrefundable fee or results in a determination by

29  the division that an applicant has failed to satisfy the

30  requirements of this act.

31

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  1         (14)  Each permitted moving company shall obtain a

  2  decal from the division for each vehicle used for moving

  3  household goods.  A nonrefundable vehicle decal fee shall be

  4  remitted to the division, in an amount provided by rule of the

  5  department, together with a complete description of each

  6  vehicle.  Upon issuance of a vehicle decal, such decal shall

  7  be affixed to the lower left corner of the front window in the

  8  vehicle at all times.  The vehicle decal remains the property

  9  of the division and shall be used only under the authority of

10  the division.  Annual replacement vehicle decals may be

11  obtained upon application to the division evidencing continued

12  compliance with the provisions of this act and payment of a

13  fee in an amount provided by rule of the department.  No

14  vehicle decal may be sold, assigned, or otherwise transferred.

15  If a vehicle is destroyed or sold, the mover shall remove the

16  vehicle decal, if in existence, and surrender the remains to

17  the division.  A nonrefundable fee for replacing decals shall

18  be established by rule of the department.  Vehicle decals used

19  by moving companies for short-term rental vehicles shall be

20  affixed to the magnetic sign as required in section 6.

21         (15)  Each vehicle decal and moving permit issued

22  pursuant to this section shall be valid and effective for 1

23  year and shall terminate on December 31 of each year.  Failure

24  to submit a complete and true moving permit application and

25  the required fee for renewal by November 30 of each year shall

26  result in the assessment of a nonrefundable late fee.  The

27  late fee shall be established by rule of the department.  Upon

28  submission of an application, the division may provide the

29  mover with a receipt which shall constitute a provisional

30  moving permit and shall be valid for no longer than 45

31  calendar days or until the issuance or denial of the moving

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  1  permit, whichever comes first.  Within 10 business days after

  2  receipt of the division's notice of denial, such mover may

  3  refile a complete and true application and pay a nonrefundable

  4  refiling fee established by rule of the department.  Failure

  5  to refile an application within such 10-day period shall

  6  result in the mover being required to submit a new application

  7  and repay the nonrefundable permit fee and vehicle decal fees.

  8         (16)  Moving companies which are new to the state and

  9  desire to operate in this state shall secure an operating

10  permit and follow the permitting procedures described in this

11  section prior to conducting business. If there are 6 months or

12  less remaining before the annual renewal period, the fee for

13  the operating permit shall be 50 percent of the approved fee,

14  otherwise all other fees are applicable.

15         (17)  Applications for the first year of the permitting

16  process shall be submitted by November 30, 2000.  Late fees

17  shall apply to all applications received after that date.

18         Section 5.  Evidence of cargo legal liability valuation

19  and insurance coverage.--

20         (1)  The minimum amounts of cargo valuation, cargo

21  legal liability insurance, and motor vehicle insurance

22  coverage provided by movers are as follows:

23         (a)  Valuation coverage shall be at the rate of 60

24  cents per pound per article.  Movers shall not apply any

25  deductible to this valuation coverage.

26         (b)  Cargo legal liability insurance coverage for loss

27  or damage to household goods, with the exception of loss or

28  damage as the result of an act of God, inherent defect of the

29  property, or for loss or damage contributed to or caused by

30  the act or omission of the shipper, in the amount of no less

31  than $50,000 per shipment.

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  1         (c)  Motor vehicle combined bodily liability insurance

  2  and property damage liability insurance which shall be issued

  3  by an insurance carrier or company which is a participant in

  4  the Florida Insurance Guaranty Association and which shall be

  5  in accordance with the following:

  6         1.  One hundred thousand dollars per occurrence for a

  7  commercial motor vehicle with a gross vehicle weight of less

  8  than 26,000 pounds.

  9         2.  Two hundred fifty thousand dollars per occurrence

10  for a commercial motor vehicle with a gross vehicle weight of

11  26,000 pounds or more, but less than 44,000 pounds.

12         3.  One million dollars per occurrence for a commercial

13  motor vehicle with a gross vehicle weight of 44,000 pounds or

14  more.

15         (2)  All evidence of insurance shall be executed and

16  made available to the division upon application for an

17  operational permit.  In addition, the policy shall provide an

18  endorsement providing for 30 days' written notice to the

19  division of any material change, expiration, or cancellation

20  of the policy.  Evidence of the renewal of the policy shall be

21  filed with the division prior to such policy's expiration

22  date.  Failure to file such evidence of insurance, or failure

23  to have such insurance in full force and effect, may result in

24  denial of a permit, revocation or suspension of the permit,

25  denial of renewal of such permit, issuance of a civil

26  citation, misdemeanor conviction, or other such remedies

27  available to the division under this section. The insurance

28  carrier or company must qualify as an insurance company

29  authorized to transact insurance in this state.

30         Section 6.  Moving vehicles signage.--Each moving

31  vehicle must clearly display, on the exterior of the driver

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  1  and passenger sides, in letters at least 3 inches high,

  2  permanently affixed, and in contrasting colors, the moving

  3  company's name, physical address, telephone number, and permit

  4  number.  If short-term use of a rental vehicle by a moving

  5  company is necessary, at a minimum, the same information and

  6  requirements must be affixed to the vehicle through the use of

  7  magnetic signs.  Decals used for short-term rental vehicles

  8  must be affixed to the magnetic signs.

  9         Section 7.  Estimates of moving costs.--

10         (1)  A mover shall provide to a prospective shipper a

11  written estimate of the costs which will be charged for the

12  transportation, and accessorial services incidental to the

13  move, of such prospective shipper's household goods.  No mover

14  shall charge for preparing an estimate unless, prior to

15  preparing the estimate, the mover:

16         (a)  Clearly and conspicuously discloses in writing to

17  the prospective shipper the amount of the charge for the

18  preparation of the estimate or, if the amount cannot be

19  determined, the complete basis upon which the charge will be

20  calculated.

21         (b)  Obtains the prospective shipper's written

22  authorization to prepare an estimate.

23         (2)  A prospective shipper cannot waive the right to a

24  written estimate and a mover shall not require a prospective

25  shipper to waive the right to a written estimate.

26         (3)  The written estimate provided to the prospective

27  shipper shall include, at a minimum:

28         (a)  The current name, telephone number, permit number,

29  and physical address of the mover at which employees of the

30  mover are available during normal business hours.

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  1         (b)  The name and address of the shipper, including the

  2  addresses at which the items are to be picked up and

  3  delivered, if known, and, if available, a telephone number

  4  where the shipper may be reached.

  5         (c)  The name, telephone number, and physical address

  6  of the storage facility or warehouse where the goods will be

  7  held pending further transportation, if applicable.

  8         (d)  A complete itemization and description of all

  9  costs and services for transportation and accessorial services

10  to be provided during a move or storage of household goods.

11  The mover shall provide a total of all costs to the shipper.

12         (e)  The method of payment, subject to the provisions

13  of section 12.

14         (f)  A statement regarding the mover's limitation of

15  liability, subject to the provisions of section 14.

16         (g)  The following in bold capitalized letters of at

17  least 12-point type:

18

19                      PLEASE READ CAREFULLY

20

21         IF YOU HAVE A QUESTION OR COMPLAINT, PLEASE

22         CONTACT THE DIVISION OF PROFESSIONS OF THE

23         DEPARTMENT OF BUSINESS AND PROFESSIONAL

24         REGULATION IN TALLAHASSEE, FLORIDA.

25

26                  ESTIMATE OF TOTAL COST

27                  PURSUANT TO STATE LAW

28

29         YOU ARE ENTITLED TO A WRITTEN ESTIMATE OF THE

30         TOTAL COST OF YOUR MOVE.  IT IS A VIOLATION OF

31         STATE LAW IF THE TOTAL COST OF YOUR MOVE

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  1         EXCEEDS THE AMOUNT OF YOUR WRITTEN ESTIMATE BY

  2         MORE THAN TEN PERCENT.  PLEASE REVIEW THIS

  3         DOCUMENT TO MAKE SURE THE ESTIMATE IS COMPLETE.

  4

  5         (4)  Prior to performing any transportation or

  6  accessorial service, a copy of the estimate, signed by the

  7  mover, shall be delivered to the prospective shipper.  In

  8  addition, a copy shall be maintained by the mover as part of

  9  the mover's records.

10         (5)  Nothing in this act shall be construed to require

11  a prospective shipper to enter into a contract for service

12  with a mover based upon the issuance of an estimate.

13         (6)  The estimate and disclosure may be provided on the

14  same form as the contract for service.

15         (7)  No mover shall provide an oral estimate to any

16  prospective shipper without subsequently providing this

17  estimate in written form as required by this act.

18         (8)  Notwithstanding the provisions of this act, no

19  written estimate is required when there are continued

20  transactions between the same shipper and mover and the mover

21  has on file a letter of understanding executed by the shipper

22  which lists a date certain to which said shipper waives its

23  right to a written estimate.

24         Section 8.  Contract for service; bill of lading.--

25         (1)  Prior to the performance of any service by a mover

26  on behalf of a shipper, the mover shall prepare a written

27  contract for service which shall be approved, signed, timed,

28  and dated by the shipper or the shipper's agent and the mover

29  and shall provide the shipper with a copy of such contract.

30         (2)  A contract for service shall clearly and

31  conspicuously disclose, at a minimum, the following:

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  1         (a)  The current name, telephone number, permit number,

  2  and physical address of the mover at which employees of the

  3  mover are on duty during business hours.

  4         (b)  The name and address of the shipper, including the

  5  addresses at which the items are to be picked up and

  6  delivered, and, if available, a telephone number where the

  7  shipper may be reached.

  8         (c)  The name, telephone number, and physical address

  9  of the storage facility or warehouse where the goods will be

10  held pending further transportation, if applicable.

11         (d)  The agreed pickup and delivery dates or the period

12  of time within which pickup, delivery, or the entire move will

13  be accomplished.

14         (e)  A complete itemization and description of all

15  costs and services for transportation and accessorial services

16  to be provided during a move or storage of household goods.

17  The mover shall provide a total of all costs to the shipper.

18         (f)  The method of payment, pursuant to section 12.

19         (g)  The maximum amount required to be paid by the

20  shipper to the mover at the time of delivery, subject to

21  section 10.

22         (h)  The name and telephone number of any other person

23  who may authorize pickup or delivery of any items to be

24  transported, if the shipper designates such person in writing.

25         (i)  A statement regarding the mover's limitation of

26  liability, pursuant to section 14.

27         (j)  A brief description of the mover's procedures for

28  complaint handling, which shall include a physical address and

29  telephone number at which the shipper may contact the mover.

30         (k)  If the cost for services provided is based on

31  weight, a statement which provides that the shipper has a

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  1  right to observe any weighing before and after loading.  All

  2  goods shall be weighed on a state-certified scale and weight

  3  tickets shall be retained and supplied to the shipper and

  4  division upon request.

  5         Section 9.  Disclosure statement required.--The

  6  contract for service provided by a mover to a shipper shall

  7  include the following disclosures in bold capitalized letters

  8  of at least 12-point type on a separate page with a copy given

  9  to the shipper prior to the performance of any service by a

10  mover.  Each disclosure must be initialed by the shipper prior

11  to the performance of any service by a mover:

12

13                      PLEASE READ CAREFULLY

14

15         IF YOU HAVE A QUESTION OR COMPLAINT, PLEASE

16         CONTACT THE DIVISION OF PROFESSIONS OF THE

17         DEPARTMENT OF BUSINESS AND PROFESSIONAL

18         REGULATION IN TALLAHASSEE, FLORIDA.

19

20                   CONTRACT FOR SERVICE

21

22         THIS CONTRACT FOR SERVICE IS REQUIRED BY STATE

23         LAW AND MUST INCLUDE ALL OF THE TERMS AND COSTS

24         ASSOCIATED WITH YOUR MOVE.  IN ORDER FOR THE

25         CONTRACT FOR SERVICE TO BE ACCURATE, YOU MUST

26         DISCLOSE ALL INFORMATION RELEVANT TO THE MOVE

27         TO THE MOVER.  STATE LAW REQUIRES THAT A MOVER

28         DELIVER YOUR GOODS AND COMPLETE YOUR MOVE UPON

29         PAYMENT OF NO MORE THAN THE MAXIMUM AMOUNT

30         STATED IN THE CONTRACT.

31

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  1                  DAMAGE OR OTHER CLAIM

  2

  3         PURSUANT TO STATE LAW, YOU HAVE A PERIOD OF UP

  4         TO 30 DAYS AFTER THE COMPLETION OF THE DELIVERY

  5         OF THE HOUSEHOLD GOODS TO NOTIFY THE MOVER, IN

  6         WRITING, OF ANY CLAIM FOR LOSS, DAMAGE, OR

  7         DELAY IN RELATION TO THIS MOVE.  HOWEVER, BE

  8         ADVISED THAT THIS DOES NOT LIMIT ANY OTHER

  9         LEGAL REMEDY AVAILABLE TO YOU.

10

11                        INVENTORY

12

13         PURSUANT TO STATE LAW, A WRITTEN INVENTORY OF

14         THE SHIPPER'S HOUSEHOLD GOODS SHALL BE PREPARED

15         BY THE MOVER AT NO ADDITIONAL CHARGE TO THE

16         SHIPPER WHEN:

17         (A)  THE MOVE IS NOT PERFORMED POINT-TO-POINT;

18         (B)  THE GOODS WHICH ARE THE SUBJECT OF THE

19         MOVE ARE PLACED IN STORAGE;

20         (C)  THE GOODS ARE NOT DELIVERED ON THE SAME

21         DAY THEY WERE PICKED UP; OR

22         (D)  MORE THAN ONE SHIPPER'S GOODS ARE ON THE

23         MOVING VEHICLE AT THE SAME TIME.

24

25  The written inventory shall be signed by the mover and the

26  shipper at the origin and destination.  Under any other

27  circumstances, the shipper may request an inventory and the

28  mover may charge for preparing the inventory after clearly and

29  conspicuously disclosing in writing to the shipper the amount

30  of the charge for the preparation of the inventory.

31

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  1         Section 10.  Charges in excess of written estimate,

  2  unlawful charges, refusal to relinquish goods prohibited;

  3  payment of charges in excess of written estimate or contract

  4  for service.--

  5         (1)  A mover shall not charge the shipper in excess of

  6  10 percent over the amount of the written estimate, except as

  7  provided in subsection (3).  If the mover charges an amount in

  8  excess of the written estimate, but not more than 10 percent

  9  as provided in this section, the mover shall provide a written

10  explanation of such excess charges to the shipper, which

11  explanation shall be consistent with paragraph (3)(d) of

12  section 7, at the time of delivery but prior to payment by the

13  shipper.

14         (2)  A mover shall not fail to relinquish to a shipper

15  any or all of the shipper's household goods or to fail to

16  complete in a timely manner all transportation and accessorial

17  services required to be performed pursuant to the contract for

18  service because the shipper has refused to pay for charges in

19  excess of the amount set forth in subsection (1) of section

20  10, in excess of the total amount set forth in the contract

21  for service as required by paragraph (2)(e) of section 8, or

22  in excess of the contract pursuant to subsection (3).

23         (3)  Circumstances preventing the mover from obtaining

24  reasonable access to the place of origin or destination, and

25  for which the mover had no prior knowledge, may result in an

26  increase of the contract amount.  The mover shall provide a

27  written explanation of such excess charges to the shipper

28  together with the total cost of any additional service which

29  shall be authorized and signed by the shipper.

30         Section 11.  Inventory.--A written inventory of the

31  shipper's household goods shall be prepared by the mover at no

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  1  additional charge to the shipper when the move is not

  2  performed point-to-point, the goods which are the subject of

  3  the move are placed in storage, the goods are not delivered on

  4  the same day they were picked up, or more than one shipper's

  5  goods are on the moving vehicle at the same time.  The written

  6  inventory shall be signed by the mover and the shipper at both

  7  the origin and destination.  Under any other circumstances,

  8  the shipper may request an inventory and the mover may charge

  9  for preparing the inventory after clearly and conspicuously

10  disclosing in writing to the shipper the amount of the charge

11  for the preparation of the inventory.

12         Section 12.  Acceptable forms of payment.--A mover

13  shall accept a minimum of two of the three following forms of

14  payment:

15         (1)  Cash, cashier's check, money order, or traveler's

16  check;

17         (2)  Personal check, showing upon its face the name and

18  address of the shipper or authorized representative; or

19         (3)  Credit card, which shall include, but not be

20  limited to, Visa or MasterCard.

21

22  A mover shall clearly and conspicuously disclose to the

23  shipper in the contract for service and the estimate which

24  methods of payment the mover will accept.

25         Section 13.  Reasonable dispatch.--Except when delays

26  are caused by actions of the shipper:

27         (1)  A mover shall transport all shipments on the dates

28  and within the time period agreed upon by the mover and the

29  shipper as specified in the contract for service.

30         (2)  A shipper may seek recourse through filing a

31  complaint with the division, pursuant to section 18, or in a

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  1  court of competent jurisdiction if a mover fails to perform

  2  either pickup or delivery or any accessorial services as

  3  agreed upon in the contract for service or the shipper incurs

  4  any expenses that would not otherwise have been incurred.

  5         Section 14.  Liability of movers; limitation and

  6  disclosure.--

  7         (1)  A mover shall not limit its liability of a

  8  shipment of household goods to an amount less than 60 cents

  9  per pound per article.  A mover shall offer such minimum

10  valuation coverage with no deductible and at no charge to a

11  shipper.

12         (2)  A mover shall offer to the shipper coverage in

13  excess of such minimum valuation at an additional cost.  Such

14  additional cost and coverage, including any deductible, shall

15  be disclosed to the shipper on the estimate and contract prior

16  to the move.  Such additional coverage shall not exceed the

17  declared value of the shipment or the cargo liability

18  insurance actually carried by the mover and available to the

19  shipper.

20         (3)  The rejection or selection of additional valuation

21  or cargo liability coverage shall be made in writing on a form

22  prescribed by the division by rule.  The form shall fully

23  advise the shipper of the nature of the limitation of cargo

24  liability and shall state that the minimum coverage is equal

25  to the limit referred to in subsection (1) unless otherwise

26  requested.  The heading of the form shall be in 12-point bold

27  type and shall state:

28

29                      PLEASE READ CAREFULLY

30

31

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  1         WAIVER OF CERTAIN INSURANCE COVERAGE BY SIGNING

  2         THIS WAIVER, YOU ARE DECLINING CERTAIN VALUABLE

  3         COVERAGE WHICH PROTECTS YOUR POSSESSIONS ABOVE

  4         THE MINIMUM AMOUNTS SET BY LAW (60 CENTS PER

  5         POUND PER ARTICLE).

  6

  7                  PLEASE READ CAREFULLY

  8

  9         IF YOU HAVE A QUESTION OR COMPLAINT, PLEASE

10         CONTACT THE DIVISION OF PROFESSIONS OF THE

11         DEPARTMENT OF BUSINESS AND PROFESSIONAL

12         REGULATION IN TALLAHASSEE, FLORIDA.

13

14         Section 15.  Records; inquiry or complaint handling;

15  inspection.--

16         (1)  A mover shall maintain records which shall

17  include, but not be limited to, all estimates and contracts

18  for services for a period of at least 5 years after the date

19  of completion of performance of the contract for service.

20  Records shall be made available for inspection and copying

21  immediately upon demand by the division for all moves which

22  occurred within the preceding 12 months.  Records of all moves

23  which occurred more than 12 months prior to division's request

24  shall be made available for inspection and copying within 5

25  business days after the mover's receipt of a written request

26  from the division.

27         (2)  A mover shall establish and maintain a procedure

28  for responding to inquiries and complaints from shippers.  The

29  procedure shall include a means whereby the shipper may

30  communicate with the principal office of the mover by

31

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  1  telephone.  This procedure and telephone number shall be

  2  stated on the contract and estimate.

  3         (3)  The mover shall retain and make part of the file

  4  relating to a shipment a written record of all complaints and

  5  inquiries received from a shipper.

  6         (4)  All complaints and inquiries on file with the

  7  division pertaining to a contract for service or mover shall

  8  be a public record open to public inspection as required by

  9  state law.

10         (5)  The premises of all movers shall be open to the

11  division for inspection, investigation, or for such other

12  purposes as are necessary for the enforcement and

13  administration of this act during the business hours of the

14  mover and in no event not less than between the hours of 8

15  a.m. to 5 p.m., Monday through Friday, excluding legal

16  holidays.

17         (6)  The operator of a moving vehicle shall not conduct

18  a move unless the moving vehicle operator providing such

19  service maintains in his or her possession the completed

20  written estimate and signed contract for service.  Each

21  completed written estimate and signed contract for service

22  shall be available for inspection on demand by division

23  personnel at any time during the period of the move.

24         Section 16.  Collection of freight charges on shipments

25  involving loss or destruction in transit.--A mover shall not

26  collect or require a shipper to pay any charges if all of the

27  shipper's household goods are totally lost or destroyed.

28         Section 17.  Claims.--

29         (1)  No claim against a mover for damage shall be

30  denied solely because the damage was not noted at the time of

31  delivery.  If a shipper files a claim for loss or damage not

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  1  noted at the time of delivery, a mover remains obligated to

  2  investigate such claim.  A shipper does not waive his or her

  3  right to a claim for damages solely by acknowledging receipt

  4  of the household goods on a bill of lading, contract, or other

  5  document.

  6         (2)  Whenever a mover requires a signed statement

  7  acknowledging delivery or receipt of items, the statement

  8  shall include a clear and conspicuous notice that the shipper

  9  may make notations regarding the household goods as delivered

10  and that the shipper may file a claim with the mover for lost

11  or damaged household goods.

12         (3)  Pursuant to this act, a shipper shall have a

13  period of up to 30 days after the completion of delivery of

14  the household goods to notify a mover in writing of any claim

15  for loss, damage, or delay resulting from the performance of

16  its contract for service.  Such limitation shall not be

17  construed to limit any other remedy the shipper may have

18  available at law.

19         (4)  Each claim filed against a mover shall be promptly

20  and thoroughly investigated by the mover.  If the claim cannot

21  be resolved within 30 days, the mover shall advise the

22  claimant in writing of the status of the claim and the reason

23  for the delay.  A mover shall object to or resolve a claim

24  filed by a shipper and notify the shipper in writing no later

25  than 90 days after receipt of the claim.

26         (5)  When a claim asserted against the mover for loss

27  of an item or an entire shipment cannot be otherwise

28  authenticated upon investigation, the mover may request from

29  the shipper, and the shipper shall be required to sign, a

30  sworn written statement that the household goods for which the

31  claim is filed have not been received from any other source.

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  1  If the shipper presents a false or fraudulent statement, the

  2  shipper shall be liable for damages to the mover.

  3         (6)  When a claim is settled on any damaged item, the

  4  shipper shall retain possession of such item, unless the claim

  5  settlement is equal to the full value of such item.

  6         Section 18.  Consumer complaints.--

  7         (1)  Any person aggrieved by one of the following

  8  circumstances may file a written complaint with the division:

  9         (a)  A violation of this act;

10         (b)  A mover which fails to perform any service

11  pursuant to the terms and conditions as agreed upon in the

12  contract for service; or

13         (c)  Any claim as described in section 17 which cannot

14  be otherwise resolved.

15         (2)  Such complaint shall include a brief statement of

16  the allegations upon which the complaint is based.

17         (3)  Upon receipt of such complaint, the department

18  shall take any appropriate action, including, but not limited

19  to, mediation, issuance of citations or cease and desist

20  orders, further administrative action, requests for temporary

21  and permanent injunctions, or dismissal of the complaint.

22         Section 19.  Fraudulent transfer of moving company.--A

23  transfer of a moving company to a successor company shall be

24  deemed a fraudulent transfer if such transfer is made by the

25  moving company for the purpose of evading permit fees or civil

26  penalties imposed pursuant to this act.  In determining intent

27  to defraud, consideration may be given, among other factors,

28  as to whether:

29         (1)  The transfer was to an insider;

30         (2)  The moving company retained possession or control

31  of the property transferred after the transfer;

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  1         (3)  The transfer was disclosed or concealed;

  2         (4)  Before the transfer was made or obligation was

  3  incurred, the moving company had been sued or threatened with

  4  suit;

  5         (5)  The transfer was of substantially all the moving

  6  company's assets;

  7         (6)  The value of the consideration received by the

  8  moving company was reasonably equivalent to the value of the

  9  asset transferred or the amount of the obligation incurred;

10         (7)  The moving company was insolvent or became

11  insolvent shortly after the transfer was made or the

12  obligation was incurred;

13         (8)  The transfer occurred shortly before or shortly

14  after substantial permit fees or civil penalties were

15  incurred; or

16         (9)  The moving company transferred the essential

17  assets of the business to a lienor who transferred the assets

18  to an insider of the moving company.

19         Section 20.  Enforcement and penalties.--

20         (1)  Failure to comply with the requirements of this

21  act is a violation of state law and shall be prosecuted and

22  punishable, pursuant to chapter 162, Florida Statutes, or s.

23  125.69(1), Florida Statutes, by a fine not to exceed $500 per

24  violation or imprisonment not exceeding 60 days, or both such

25  fine and imprisonment.  Each day during any portion of which

26  such violation occurs or continues to occur constitutes a

27  separate violation.  In addition to the sanctions contained in

28  this subsection, the department shall take any other

29  appropriate legal action, including, but not limited to, cease

30  and desist orders, other administrative actions, and requests

31  for temporary and permanent injunctions to enforce the

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  1  provisions of this act.  It is the purpose of this act to

  2  provide additional cumulative remedies.

  3         (a)  Any violation of this act is a civil infraction.

  4         (b)  Any person who has committed an act in violation

  5  of this act shall receive a citation from the division or any

  6  law enforcement officer who has probable cause to believe that

  7  the person has committed a civil infraction in violation of

  8  this act.

  9         (c)  The division and state courts shall have

10  jurisdiction over all violations of this act.

11         (d)  The division shall:

12         1.  Accept designated fines and issue receipts for such

13  fines.

14         2.  Provide a uniform citation form serially numbered

15  for notifying alleged violators to appear and answer to

16  charges of violation of this act. Such citation forms shall be

17  issued to and receipted by the division.

18         (e)  Violation of any provision of this act shall be

19  punishable by a fine not to exceed $500.  Any person who has

20  violated any provision of this act shall be fined an amount as

21  established by rule of the department.

22         (f)  Any person issued a citation shall be deemed to be

23  charged with a civil violation and shall comply with the

24  directives on the citation.

25         (g)  Payment shall be made, by mail or in person, to

26  the division within the time specified on the citation. If a

27  person follows this procedure, such person shall be deemed to

28  have admitted the infraction and to have waived the person's

29  right to a hearing on the issue of commission of the

30  infraction.

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  1         (h)  All fines collected as a result of such citations

  2  shall be paid into the department's Professional Regulation

  3  Trust Fund and used for the moving and storage program.

  4  Pursuant to ss. 938.01, 938.17, and 938.19, Florida Statutes,

  5  mandatory costs shall be assessed against each person

  6  convicted of a violation of this act.

  7         (i)  Any person who fails to make payment within the

  8  specified period shall be deemed to have waived such person's

  9  right to pay the civil penalty as set forth in the citation.

10         (j)  Any person who elects to appear before a court to

11  contest the citation shall be deemed to have waived such

12  person's right to pay the civil penalty. The court, after a

13  hearing, shall make a determination as to whether a violation

14  has occurred and may impose a civil penalty not to exceed $500

15  plus court costs.

16         (k)  If a person fails to pay the civil penalty, or

17  fails to appear in court to contest the citation, such person

18  shall be deemed to have waived the right to contest the

19  citation and, in such case, a default judgment may be entered

20  and the judge shall impose a fine at that time. An order to

21  show cause may be issued. If the fine is paid, the case shall

22  be dismissed.  If the fine is not paid, judgment may be

23  entered up to the maximum civil penalty.

24         (l)  Any person cited for a violation of this act shall

25  sign and accept the citation indicating a promise to pay the

26  fine or appear in court. Any person who willfully refuses to

27  sign and accept a citation issued by an officer commits a

28  misdemeanor of the second degree, punishable as provided by s.

29  775.082  or s. 775.083, Florida Statutes.

30         (m)  The division may require mandatory court

31  appearances for violations resulting in the issuance of a

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  1  third or subsequent citation to a person. The citation shall

  2  clearly inform the person of the mandatory court appearance.

  3  The division shall maintain records to prove the number of

  4  citations issued to the person. Persons required to appear in

  5  court do not have the option of paying the fine instead of

  6  appearing in court.

  7         (2)  This act shall be enforced by the department.

  8         (3)  The division shall maintain a system by which

  9  movers are given citations or written notice of all

10  violations.  Division personnel shall be permitted to enter

11  the business premises of a mover to ascertain whether the

12  business is in compliance with this act.  If division

13  personnel are unreasonably refused entry or access to the

14  business premises as stated above, the division shall obtain

15  an inspection warrant pursuant to s. 933.20, Florida Statutes,

16  in order to ascertain compliance with this act.

17         (4)  The division is authorized to enforce the

18  provisions of this act by administrative fines of up to $500

19  for each violation.  Each day of a continuing violation shall

20  be deemed a separate violation.

21         Section 21.  All local laws and ordinances of any

22  county or municipality of this state which conflict with any

23  provisions of this act are hereby repealed.

24         Section 22.  If any section, paragraph, sentence,

25  clause, phrase, or word of this act is for any reason held by

26  a court of competent jurisdiction to be unconstitutional,

27  inoperative or void, such holding shall not affect the

28  constitutionality of the remainder of this act.

29         Section 23.  This act shall take effect July 1, 2000.

30

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Regulates moving companies. Requires registration,
  4    operating permits, and vehicle decals. Requires insurance
      coverage. Provides for administration and enforcement by
  5    the Department of Business and Professional Regulation.
      See bill for details.
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