House Bill hb0237

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    Florida House of Representatives - 2001                 HB 237

        By Representative Seiler






  1                      A bill to be entitled

  2         An act relating to moving companies; creating

  3         the "Movers Regulation Act"; providing

  4         definitions; providing construction and

  5         legislative intent; providing for the

  6         Department of Agriculture and Consumer Services

  7         to regulate businesses engaged in intrastate

  8         transportation of household goods; providing

  9         that the act does not supersede local

10         ordinances; prohibiting a person from engaging

11         in business as a mover without obtaining an

12         operating permit from the Department of

13         Agriculture and Consumer Services; requiring

14         that a mover be bonded or establish financial

15         security of a specified amount; providing

16         application requirements; providing for a

17         permit fee; authorizing the department to bring

18         an action to recover against a mover's bond or

19         financial security; specifying circumstances

20         under which the department may deny or refuse

21         to renew an operating permit; providing a

22         procedure for a mover to appeal a denial or

23         revocation of an operating permit; providing

24         for issuance of a replacement permit; requiring

25         that a permit be annually renewed; requiring a

26         mover to provide a written estimate to a

27         shipper; providing requirements for the written

28         estimate; authorizing a mover to require a

29         deposit before loading a shipper's household

30         goods; specifying circumstances under which a

31         mover may retain the deposit; requiring that a

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  1         mover prepare a written contract before

  2         performing any service on behalf of a shipper;

  3         providing requirements for the written

  4         contract; requiring that the contract contain a

  5         disclosure statement; prohibiting a mover from

  6         charging a fee in excess of the written

  7         contract; providing an exception; requiring

  8         that a mover accept certain forms of payment;

  9         providing that a violation of the act is a

10         civil infraction; providing penalties;

11         providing procedures for contesting a citation

12         issued by the department; providing that

13         certain offenses involving the unlawful

14         increase of the contract amount or failure to

15         relinquish household goods are felony offenses;

16         authorizing the Department of Legal Affairs to

17         prosecute violations of the act under the

18         Florida Deceptive and Unfair Trade Practices

19         Act; authorizing the Department of Agriculture

20         and Consumer Services to enter into the

21         business premises of a mover to enforce

22         compliance with the act; providing that the act

23         preempts conflicting local laws or ordinances;

24         amending s. 895.02, F.S.; defining felony

25         violations of the act as "racketeering

26         activity" under the Florida RICO (Racketeer

27         Influenced and Corrupt Organization) Act;

28         providing for severability; providing an

29         effective date.

30

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

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  1         Section 1.  Movers Regulation Act.--

  2         (1)  SHORT TITLE.--This section may be cited as the

  3  "Movers Regulation Act."

  4         (2)  DEFINITIONS.--As used in this section, the term:

  5         (a)  "Accessorial service" means any service performed

  6  by a mover which results in a charge to the shipper and which

  7  is incidental to the transportation of household goods,

  8  including, but not limited to, valuation coverage; preparation

  9  of a written inventory; storage, packing, unpacking, or

10  crating of articles; hoisting or lowering; waiting time; long

11  carry, which is the carrying of articles an excessive distance

12  between the mover's vehicle and the residence or business;

13  overtime loading and unloading; reweighing; disassembly or

14  reassembly; carrying that involves an elevator or stairs;

15  boxing or servicing of appliances; and furnishing of packing

16  or crating materials. The term also includes services

17  performed by a third party at the request of the shipper or

18  mover, if the charges for such services are to be paid to the

19  mover by the shipper at or before the time of delivery.

20         (b)  "Advertising" means any written statement or

21  representation:

22         1.  Made in connection with the solicitation of a

23  mover, including, but not limited to, statements and

24  representations made in a newspaper, telephone yellow pages,

25  internet, or other publication;

26         2.  Made on radio or television; or

27         3.  Contained in any notice, handbill, direct mailing,

28  business card, sign, catalog, billboard, brochure, poster, or

29  letter.

30

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  1         (c)  "Compensation" means money, fee, emolument, quid

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

  3  or satisfaction.

  4         (d)  "Contract for service" means a written document

  5  prepared by the mover and signed by the shipper, before the

  6  performance of any service, which authorizes services from the

  7  named mover and lists the services and all costs associated

  8  with the transportation of household goods and accessorial

  9  services to be performed on behalf of the shipper.

10         (e)  "Department" means the Department of Agriculture

11  and Consumer Services.

12         (f)  "Estimate" means a written document provided to

13  the prospective shipper which sets forth the total cost and

14  the basis of such cost related to a shipper's move, which must

15  include, but need not be limited to, transportation services

16  or accessorial services.

17         (g)  "Household goods" means personal effects or other

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

19  storage facility, or other location, of which the shipper is

20  the owner or agent of the owner of the items. The term

21  includes property held or found in a storage or warehouse

22  facility that is owned or rented by a shipper or shipper's

23  agent. The term does not include freight or personal property

24  moving to or from a factory, store, or other place of

25  business.

26         (h)  "Inventory" means a detailed descriptive list of

27  all the household goods, furniture, boxes, and other items

28  that are tendered to the mover by the shipper, and which shows

29  the number and condition of each item.

30         (i)  "Mover" means any person who engages in the

31  transportation or shipment of household goods for compensation

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  1  or any person who holds himself or herself out to the public

  2  as engaging in the transportation or shipment of household

  3  goods for compensation.

  4         (j)  "Person" includes individuals, partnerships,

  5  corporations, companies, trusts, societies, associations, and

  6  any other legal entity.

  7         (k)  "Shipper" means any person who uses the services

  8  of a mover to transport or ship household goods. The term

  9  includes any other person whom a shipper designates in

10  writing.

11         (l)  "Storage" means the warehousing of a shipper's

12  household goods while under the care, custody, and control of

13  the mover.

14         (3)  CONSTRUCTION; INTENT; APPLICATION.--

15         (a)  This section shall be construed liberally to:

16         1.  Establish the law of this state governing the

17  intrastate transportation, shipment, and affiliated storage of

18  household goods; and

19         2.  Secure the satisfaction and confidence of shippers

20  and the public when using the services of a mover.

21         (b)  This section applies to the operations of any

22  mover engaged in the intrastate transportation of household

23  goods, except that this section does not apply to shipments

24  contracted by the United States, the state, or any local

25  government or political subdivision of the state. This section

26  only applies to the transportation of household goods

27  originating in this state and terminating in this state.

28         (c)  This section does not supersede the jurisdiction

29  of any federal agency with respect to goods or services that

30  are governed under any other law.

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  1         (d)  This section does not apply to any act or practice

  2  required or permitted by federal law.

  3         (e)  This section does not limit the authority of a

  4  board of county commissioners or other local governmental

  5  entity to enact and enforce an ordinance governing the moving

  6  and storage industry which imposes additional or more

  7  restrictive requirements, including, but not limited to,

  8  requirements for insurance and proof of insurance, valuation

  9  coverage, recordkeeping, record reporting and inspection,

10  licensing, decals, permits, disclosure statements, contract

11  provisions, liability of movers, inventories, terms and

12  methods of payment, complaint handling, weighing of household

13  goods or property, cost estimates, charges in excess of

14  estimates, signage, claims, freight charges, or reasonable

15  dispatch.

16         (4)  APPLICATION; OPERATING PERMIT; BONDING

17  REQUIREMENT; REVOCATION OF PERMIT.--

18         (a)  A person may not engage in business, solicit

19  business, or advertise in this state as a mover of household

20  goods without first obtaining an operating permit from the

21  department and maintaining the permit as required by this

22  section.

23         1.  An application for an operating permit must be

24  submitted to the department and accompanied by:

25         a.  A bond executed by a corporate surety approved by

26  the department and licensed to do business in this state;

27         b.  An irrevocable letter of credit issued for the

28  benefit of the applicant by a bank whose deposits are insured

29  by an agency of the Federal Government; or

30         c.  A certificate of deposit in a financial institution

31  insured by an agency of the Federal Government, which may be

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  1  withdrawn only on the order of the department, except that the

  2  interest may accrue to the applicant.

  3         2.  The amount of the bond, letter of credit, or

  4  certificate of deposit must be a minimum of $50,000, and the

  5  bond, letter of credit, or certificate of deposit must be

  6  conditioned upon compliance by the applicant with this

  7  section. The department may establish a bond of a greater

  8  amount to ensure the general welfare of the public and the

  9  interests of the moving industry.

10         3.  The bond must be posted with the department.

11         (b)  The application for an operating permit must

12  include:

13         1.  The mover's legal business and trade name, current

14  mailing address, and current business location for each place

15  from which the mover operates a main office, branch office, or

16  storage location, and a designation of which location

17  constitutes the mover's principal place of business.

18         2.  A copy of each occupational license held by the

19  mover.

20         3.  The full names, current mailing addresses, current

21  telephone numbers, and social security numbers or federal tax

22  identification numbers of the mover's owners, corporate

23  officers, and directors.

24         4.  The name of the agent of the mover's corporation

25  registered in this state and a statement listing the names of

26  any other corporations, entities, or trade names through which

27  any owner, corporate officer, or director of the mover was

28  known or did business as a mover within the 5 calendar years

29  immediately preceding the date on which the mover is

30  submitting the application.

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  1         (c)  The application for an operating permit must be

  2  accompanied by fee of $300, to be deposited into the

  3  department's Operating Trust Fund for the purpose of

  4  administering this section. If 6 months or less remain before

  5  the annual renewal date, the permit fee is $150.

  6         (d)  The department may bring and maintain an action on

  7  behalf of any shipper who is injured by the bankruptcy of a

  8  mover or by the mover's breach of any agreement entered into

  9  in its capacity as a permitholder to recover against the bond,

10  letter of credit, or certificate of deposit.

11         (e)  Before changing a permitted business location,

12  telephone number, or registered agent, a mover must notify the

13  department of such change in writing. The permit may be

14  modified upon completion of the required forms and payment of

15  a fee established by the department.

16         (f)  A permit is not valid for any mover under any

17  other name or at any place other than that designated on the

18  permit. A permit is not transferable or assignable, and the

19  ownership structure of the mover may not be modified in such a

20  manner that constitutes a change in the control or ownership

21  of the permit. If the business changes its name or ownership

22  structure, the mover must submit to the department an

23  application for a new operating permit, along with the

24  required permit fee.

25         (g)  The department shall prescribe the form and size

26  of the operating permit issued to a mover, which must contain

27  a permit number. The mover must prominently display to the

28  public the operating permit at the mover's primary place of

29  business. The assigned permit number must appear in all

30  advertising, including any listing in the telephone yellow

31  pages; on all forms; and on all commercial motor vehicles

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  1  operated by the mover. It is a violation of this section for a

  2  person to use, display, or advertise an expired permit number.

  3         (h)  The department may deny or refuse to renew the

  4  operating permit of any mover based upon a determination that

  5  a mover or any of its directors, officers, owners, or general

  6  partners:

  7         1.  Failed to meet the requirements for initial

  8  application or renewal as provided in this subsection.

  9         2.  Have been found by a court of competent

10  jurisdiction to have committed a crime, regardless of

11  adjudication or plea of no contest, involving fraud, a prior

12  criminal violation of this section, or theft involving

13  transportation or storage of household goods for compensation.

14  The department may conduct criminal background checks to

15  obtain such information from the Department of Law Enforcement

16  or any other government agency.

17         3.  Have not satisfied a civil fine, administrative

18  fine, or other penalty arising out of any administrative or

19  enforcement action brought by any governmental agency or

20  private person based upon conduct involving fraud; theft; a

21  violation of part II of chapter 501, Florida Statutes;

22  dishonest dealing; a violation of a local moving ordinance; or

23  failure to comply with the terms and conditions of any

24  judgment, consent decree, cease and desist order, settlement

25  agreement, or assurance of voluntary compliance arising out of

26  such enforcement action.

27         4.  Misrepresented or concealed a material fact on the

28  application, renewal application, or replacement application

29  for an operating permit.

30

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  1         5.  Aided or abetted a person who has not obtained an

  2  operating permit to evade or avoid any provision of this

  3  section.

  4         (i)  Upon denial or revocation of an operating permit,

  5  the mover is entitled to an appeal according to the following:

  6         1.  If the department denies, revokes, or suspends a

  7  mover's operating permit, the mover may appeal the decision to

  8  the department within 20 days after receipt of the notice of

  9  denial, revocation, or suspension. A nonrefundable filing fee,

10  established by rule of the department, must accompany the

11  written request for appeal. The department shall review the

12  appeal at a hearing held within 60 days after the department

13  receives the request for appeal.

14         2.  At the conclusion of a hearing conducted under this

15  paragraph, the department shall orally render its decision

16  based on evidence entered into the record. The decision must

17  be stated in a written order and mailed to the mover within 10

18  days after the hearing and the decision is final agency action

19  with respect to the matter appealed.

20         3.  A mover may appeal a final determination of the

21  department within 30 days after rendition of the decision by

22  filing a petition for writ of certiorari in a court of

23  competent jurisdiction.

24         (j)  In the event of loss, destruction, or mutilation

25  of an operating permit issued by the department, the person to

26  whom the operating permit was issued may obtain a replacement

27  permit upon furnishing satisfactory proof of loss,

28  destruction, or mutilation to the department and payment of

29  the applicable fee established by rule of the department. An

30  application for a replacement operating permit must include:

31         1.  The name and address of the applicant.

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  1         2.  A verified explanation of the loss, destruction, or

  2  mutilation of the operating permit.

  3         3.  Any other item or information required by the

  4  department.

  5         (k)  Each operating permit must be renewed annually. As

  6  part of the renewal process, the applicant must update and

  7  verify all information required on the previous year's

  8  application. An application for renewal must be accompanied by

  9  a nonrefundable fee of $300. A renewal fee is not required for

10  any mover that holds a municipal or county license that is

11  issued under an ordinance that contains standards at least

12  equal to the requirements of this section, as determined by

13  the department. All renewal fees shall be deposited into the

14  department's Operating Trust Fund for the purpose of

15  administering this section. Any operating permit that is not

16  renewed automatically expires on the expiration date of the

17  permit, and the mover must immediately cease all moving and

18  storage services authorized under the permit. The department

19  shall deny any application for a renewal permit which is

20  incomplete, is untrue in whole or in part, is not accompanied

21  by the required fee, or fails to satisfy the requirements of

22  this section. The department may impose a late fee if an

23  application is not timely filed.

24         (l)  An out-of-state mover may not operate in this

25  state unless the mover obtains an operating permit and follows

26  the permitting procedures described in this section.

27         (m)  Applications for the first year of the permitting

28  process must be submitted by November 30, 2001.

29         (5)  WRITTEN ESTIMATE OF MOVING COSTS.--

30         (a)  A mover must provide a written estimate to a

31  prospective shipper, which must be dated and signed by the

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  1  mover. The estimate must indicate the total and complete costs

  2  that the mover will charge for the transportation services,

  3  including all accessorial services. A mover may not load any

  4  moving vehicle or otherwise take possession or control of any

  5  household goods of a shipper unless a written estimate is

  6  approved by signature of the prospective shipper. A mover may

  7  not request a shipper to sign or initial a blank or otherwise

  8  incomplete estimate form or contract. A mover may not impose a

  9  fee for preparing an estimate unless, before preparing the

10  estimate, the mover clearly and conspicuously discloses in

11  writing to the prospective shipper the amount of the charge

12  for preparing the estimate and obtains a written authorization

13  from the prospective shipper to prepare the estimate.

14         (b)  A prospective shipper may not waive the right to a

15  written estimate and a mover may not require a prospective

16  shipper to waive the right to a written estimate.

17         (c)  A mover shall retain the written estimate provided

18  to the prospective shipper as part of the mover's business

19  records. The written estimate must include, at a minimum:

20         1.  The current name, telephone number, permit number,

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

22  mover are available during normal business hours, as well as

23  the current name and address of the mover's registered agent.

24         2.  The name and address of the shipper, including each

25  address at which the items are to be picked up from and

26  delivered to, if known, and, if available, the telephone

27  number of the shipper.

28         3.  The name, telephone number, and physical address of

29  the storage facility or warehouse where the household goods

30  will be held pending further transportation, if applicable.

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  1         4.  A complete itemized description of the costs for

  2  transportation and accessorial services to be provided during

  3  a move or storage of household goods. The mover must provide a

  4  total of all costs to the shipper.

  5         5.  The method of payment, subject to subsection (9).

  6         6.  The following written disclosure in bold

  7  capitalized letters of at least 14-point type:

  8

  9                  PLEASE READ CAREFULLY

10         IF YOU HAVE A QUESTION OR COMPLAINT, PLEASE

11         CONTACT THE DEPARTMENT OF AGRICULTURE AND

12         CONSUMER SERVICES IN TALLAHASSEE, FLORIDA.

13

14                  ESTIMATE OF TOTAL COST

15         PURSUANT TO STATE LAW, YOU ARE ENTITLED TO A

16         WRITTEN ESTIMATE OF THE TOTAL COST OF YOUR

17         MOVE. IT IS A VIOLATION OF STATE LAW IF THE

18         TOTAL COST OF YOUR MOVE EXCEEDS THE AMOUNT OF

19         YOUR WRITTEN ESTIMATE UNLESS CIRCUMSTANCES

20         PREVIOUSLY UNKNOWN TO THE MOVER PREVENT THE

21         MOVER FROM OBTAINING REASONABLE ACCESS TO THE

22         POINT OF DESTINATION. THE MOVER SHALL ALLOW YOU

23         AT LEAST 90 DAYS TO PAY THE EXCESS AMOUNT, IF

24         ANY. PLEASE REVIEW THIS DOCUMENT TO MAKE SURE

25         THE ESTIMATE IS COMPLETE.

26

27         (d)  This section does not require a prospective

28  shipper to enter into a contract for service with a mover

29  based upon the issuance of a written estimate.

30         (e)  The written estimate and disclosure may be

31  provided on the same form as the contract for service.

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  1         (f)  A mover may not provide an oral estimate to a

  2  prospective shipper without subsequently providing the

  3  estimate in written form as required by this section.

  4         (g)  A mover may request and accept a deposit from a

  5  prospective shipper before loading or otherwise taking

  6  possession of any household goods of a shipper. A deposit may

  7  not exceed 10 percent of the total amount of a written

  8  estimate signed by the prospective shipper. If a prospective

  9  shipper fails to agree to a revised written estimate after at

10  least one prior written estimate has been signed by the

11  shipper, the mover may retain a lawful deposit if the written

12  estimate under which the prospective shipper paid the deposit

13  discloses the amount of the deposit which will be retained if

14  the shipper and mover fail to agree to any necessary revised

15  written estimate before the date moving services are to be

16  rendered. For any canceled or failed move due to lack of

17  agreement over a revised written estimate, a mover may not

18  recover any alleged consequential damage or loss in excess of

19  the deposit provided for in this paragraph.

20         (6)  CONTRACT FOR SERVICE.--

21         (a)  Before performing any service on behalf of a

22  shipper, including loading a shipper's household goods into a

23  moving truck, the mover must prepare a written contract for

24  service which must be approved, signed, timed, and dated by

25  the shipper or the shipper's agent and the mover. The mover

26  must provide the shipper with a copy of the contract.

27         (b)  The contract for service must clearly and

28  conspicuously disclose, at a minimum:

29         1.  The current name, telephone number, permit number,

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

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  1  mover are available during normal business hours, as well as

  2  the current name and address of the mover's registered agent.

  3         2.  The name and address of the shipper, including each

  4  address at which the items are to be picked up from and

  5  delivered to, if known, and, if available, the telephone

  6  number of the shipper.

  7         3.  The name, telephone number, and physical address of

  8  the storage facility or warehouse where the household goods

  9  will be held pending further transportation, if applicable.

10         4.  The agreed pickup and delivery dates or the period

11  within which pickup, delivery, or the entire move will be

12  accomplished. Unless the household goods are to be held in

13  storage, the date of delivery or the period within which

14  pickup, delivery, or the entire move will be accomplished must

15  be a specified date or period and may not be a period of

16  indeterminate length.

17         5.  A complete itemized description, consistent with

18  the written estimate, of the costs for transportation and

19  accessorial services to be provided during a move or storage

20  of household goods. The mover must provide a total of all

21  costs to the shipper.

22         6.  The method of payment, subject to subsection (9).

23         7.  The maximum amount required to be paid by the

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

25  subsection (8).

26         8.  The name and telephone number of any other person

27  who is designated in writing by the shipper to authorize

28  pickup or delivery of any item.

29         9.  A brief description of the mover's procedure for

30  handling complaints, which must include a physical address and

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

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  1  The procedure must allow at least 60 days following a move in

  2  which the shipper may file a complaint.

  3         10.  If the cost for services provided is based on

  4  weight, a statement specifying that the shipper has a right to

  5  observe any weighing before and after loading. All household

  6  goods must be weighed on a scale certified by the department

  7  and the mover shall retain and supply weight tickets to the

  8  shipper or department upon request.

  9         (7)  DISCLOSURE STATEMENT REQUIRED.--The contract for

10  service provided by a mover to a shipper must include the

11  following disclosure in bold capitalized letters of at least

12  14-point type on a separate page, with a copy given to the

13  shipper before the mover performs any service, including

14  loading the shipper's household goods into a loading truck:

15

16                  PLEASE READ CAREFULLY

17         IF YOU HAVE A QUESTION OR COMPLAINT, PLEASE

18         CONTACT THE DEPARTMENT OF AGRICULTURE AND

19         CONSUMER SERVICES IN TALLAHASSEE, FLORIDA

20

21                   CONTRACT FOR SERVICE

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 HOUSEHOLD GOODS AND COMPLETE YOUR

29         MOVE UPON PAYMENT OF NO MORE THAN THE MAXIMUM

30         AMOUNT STATED IN THE CONTRACT.

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  1         (8)  CHARGES IN EXCESS OF WRITTEN ESTIMATE, UNLAWFUL

  2  CHARGES, REFUSAL TO RELINQUISH HOUSEHOLD GOODS PROHIBITED;

  3  PAYMENT OF CHARGES IN EXCESS OF WRITTEN ESTIMATE OR CONTRACT

  4  FOR SERVICE.--

  5         (a)  Except as provided in paragraph (c), a mover,

  6  subsequent to loading any household goods of a shipper, may

  7  not charge a fee for services in excess of the written

  8  estimate.

  9         (b)  A mover may not refuse to relinquish to a shipper

10  any of the shipper's household goods, fail to place household

11  goods inside a shipper's dwelling, or fail to complete in a

12  timely manner all transportation and accessorial services

13  required to be performed under the contract for service solely

14  because the shipper has refused to pay for, or agree to, a fee

15  in excess of the written estimate. Except as expressly

16  provided in paragraph (c), a mover may not change the fee for

17  services after the mover has taken possession of household

18  goods.

19         (c)  A mover may increase the contract amount if

20  circumstances of which the mover had no prior knowledge

21  prevent the mover from obtaining reasonable access to the

22  place of destination. The mover must provide a written

23  explanation to the shipper of the charges in excess of the

24  written estimate, including a complete description of the

25  circumstances that prevented reasonable access to the place of

26  destination and the total cost of any additional service. The

27  written explanation must be signed by the shipper. The shipper

28  has 90 days following completion of the move in which to pay

29  the excess amount.

30         (d)  If circumstances preventing the mover from

31  obtaining reasonable access to the place of destination

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  1  justify a modification of the contract amount under paragraph

  2  (c), the mover shall immediately relinquish to the shipper all

  3  of the shipper's household goods and shall complete in a

  4  timely manner all transportation and accessorial services

  5  required to be performed under the contract for services.

  6         (e)  In any action by a mover to recover additional

  7  charges under paragraph (c), the mover has the burden of

  8  proving that circumstances at the point of destination

  9  prohibited reasonable access and that the additional charges

10  were reasonable in relation to the changed circumstances and

11  the original contract price.

12         (9)  ACCEPTABLE FORMS OF PAYMENT.--

13         (a)  Subject to paragraph (b), a mover shall accept at

14  least two of the following categories of 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, charge card, or debit card, including,

20  but not limited to, VISA and MasterCard.

21         (b)  A mover must clearly and conspicuously disclose in

22  the contract for service and in the written estimate the

23  methods of payment that the mover accepts. If the mover

24  verifies that the shipper's checking account carries

25  insufficient funds to cover the amount of the check or that

26  the shipper's credit card does not have a sufficient credit

27  limit to cover the contract charge, the mover may require an

28  alternate form of payment.

29         (c)  A mover may not refuse to relinquish to a shipper

30  any of the shipper's household goods or fail to complete in a

31  timely manner all transportation and accessorial services

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  1  required to be performed under the contract for service solely

  2  because the shipper elects one of the forms of payment

  3  disclosed as acceptable in the contract for service or in the

  4  written estimate.

  5         (10)  ENFORCEMENT AND PENALTIES.--

  6         (a)  Any person who fails to comply with this section

  7  commits a civil infraction and shall pay a fine not to exceed

  8  $500 per violation and may be sentenced to not more than 60

  9  days' imprisonment. Each day of continuing violation

10  constitutes a separate offense. In addition to the sanctions

11  contained in this paragraph, the department may take any other

12  appropriate legal action, including, but not limited to,

13  issuing a cease and desist order, taking other administrative

14  action, or requesting a temporary or permanent injunction. The

15  remedies provided by this paragraph are cumulative and do not

16  affect the availability of other remedies provided by law.

17         (b)  Any authorized agent of the department or law

18  enforcement officer may issue a citation upon probable cause

19  that a person has violated this section. The department shall

20  provide a serially numbered uniform citation form to notify a

21  person of an alleged violation of this section. Any person

22  issued a citation must comply with any directive on the

23  citation.

24         (c)  A person issued a citation may pay the fine by

25  mail or in person to the department within the time specified

26  on the citation. Payment of the fine is an admission of the

27  infraction and the person waives his or her right to a hearing

28  on the issue of commission of the infraction. The proceeds of

29  any fines collected under this paragraph shall be deposited

30  into the department's Operating Trust Fund and used to

31  administer this section. In addition, the fees collected by

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  1  the courts under sections 938.01, 938.17, and 938.19, Florida

  2  Statutes, shall be assessed against any person convicted of

  3  violating this section.

  4         (d)  A person may appear before a court having

  5  jurisdiction of misdemeanors to contest a citation issued

  6  under this section. The court, after a hearing, shall

  7  determine whether a violation has occurred and may impose a

  8  civil penalty that may not exceed $1,000, plus court costs. If

  9  a person fails to pay the civil penalty or fails to appear in

10  court to contest the citation, the person waives his or her

11  right to contest the citation, a default judgment may be

12  entered, and the judge shall impose a fine. If the fine is not

13  paid, judgment may be entered up to the maximum civil penalty.

14         (e)  Any person who is cited for violating this section

15  shall sign and accept the citation indicating a promise to pay

16  the fine or appear in court. Any person who willfully refuses

17  to sign and accept a citation commits a misdemeanor of the

18  second degree, punishable as provided in section 775.082 or

19  section 775.083, Florida Statutes.

20         (f)  The department may require any person who commits

21  a third or subsequent violation of this section to appear in

22  court. The citation must clearly inform the person of any

23  mandatory court appearance. The department shall maintain

24  records showing the number of citations issued to a person.

25         (g)  Any person who violates paragraph (8)(b),

26  paragraph (8)(d), or paragraph (9)(c) commits a felony of the

27  third degree, punishable as provided in section 775.082 or

28  section 775.083, Florida Statutes.

29         (h)  The department shall enforce this section and the

30  Department of Legal Affairs may prosecute violations of this

31

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  1  section under the Florida Deceptive and Unfair Trade Practices

  2  Act, part II of chapter 501, Florida Statutes.

  3         (i)  Authorized personnel of the department may enter

  4  the business premises of a mover to ascertain whether the

  5  mover is in compliance with this section. If department

  6  personnel are unreasonably refused entry or access to the

  7  business premises of a mover, the department shall obtain an

  8  inspection warrant under sections 933.20-933.30, Florida

  9  Statutes, to ascertain compliance with this section.

10         (11)  PREEMPTION BY THE STATE.--This section prevails

11  over any ordinance or regulation of a municipality, county, or

12  other political subdivision which conflicts with any provision

13  of this section.

14         Section 2.  Paragraph (a) of subsection (1) of section

15  895.02, Florida Statutes, is amended to read:

16         895.02  Definitions.--As used in ss. 895.01-895.08, the

17  term:

18         (1)  "Racketeering activity" means to commit, to

19  attempt to commit, to conspire to commit, or to solicit,

20  coerce, or intimidate another person to commit:

21         (a)  Any crime which is chargeable by indictment or

22  information under the following provisions of the Florida

23  Statutes:

24         1.  Section 210.18, relating to evasion of payment of

25  cigarette taxes.

26         2.  Section 403.727(3)(b), relating to environmental

27  control.

28         3.  Section 414.39, relating to public assistance

29  fraud.

30         4.  Section 409.920, relating to Medicaid provider

31  fraud.

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  1         5.  Section 440.105 or s. 440.106, relating to workers'

  2  compensation.

  3         6.  Part IV of chapter 501, relating to telemarketing.

  4         7.  Chapter 517, relating to sale of securities and

  5  investor protection.

  6         8.  Section 550.235, s. 550.3551, or s. 550.3605,

  7  relating to dogracing and horseracing.

  8         9.  Chapter 550, relating to jai alai frontons.

  9         10.  Chapter 552, relating to the manufacture,

10  distribution, and use of explosives.

11         11.  Chapter 560, relating to money transmitters, if

12  the violation is punishable as a felony.

13         12.  Chapter 562, relating to beverage law enforcement.

14         13.  Section 624.401, relating to transacting insurance

15  without a certificate of authority, s. 624.437(4)(c)1.,

16  relating to operating an unauthorized multiple-employer

17  welfare arrangement, or s. 626.902(1)(b), relating to

18  representing or aiding an unauthorized insurer.

19         14.  Section 655.50, relating to reports of currency

20  transactions, when such violation is punishable as a felony.

21         15.  Chapter 687, relating to interest and usurious

22  practices.

23         16.  Section 721.08, s. 721.09, or s. 721.13, relating

24  to real estate timeshare plans.

25         17.  Chapter 782, relating to homicide.

26         18.  Chapter 784, relating to assault and battery.

27         19.  Chapter 787, relating to kidnapping.

28         20.  Chapter 790, relating to weapons and firearms.

29         21.  Section 796.03, s. 796.04, s.  796.05, or s.

30  796.07, relating to prostitution.

31         22.  Chapter 806, relating to arson.

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  1         23.  Section 810.02(2)(c), relating to specified

  2  burglary of a dwelling or structure.

  3         24.  Chapter 812, relating to theft, robbery, and

  4  related crimes.

  5         25.  Chapter 815, relating to computer-related crimes.

  6         26.  Chapter 817, relating to fraudulent practices,

  7  false pretenses, fraud generally, and credit card crimes.

  8         27.  Chapter 825, relating to abuse, neglect, or

  9  exploitation of an elderly person or disabled adult.

10         28.  Section 827.071, relating to commercial sexual

11  exploitation of children.

12         29.  Chapter 831, relating to forgery and

13  counterfeiting.

14         30.  Chapter 832, relating to issuance of worthless

15  checks and drafts.

16         31.  Section 836.05, relating to extortion.

17         32.  Chapter 837, relating to perjury.

18         33.  Chapter 838, relating to bribery and misuse of

19  public office.

20         34.  Chapter 843, relating to obstruction of justice.

21         35.  Section 847.011, s. 847.012, s. 847.013, s.

22  847.06, or s. 847.07, relating to obscene literature and

23  profanity.

24         36.  Section 849.09, s. 849.14, s. 849.15, s. 849.23,

25  or s. 849.25, relating to gambling.

26         37.  Chapter 874, relating to criminal street gangs.

27         38.  Chapter 893, relating to drug abuse prevention and

28  control.

29         39.  Chapter 896, relating to offenses related to

30  financial transactions.

31

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  1         40.  Sections 914.22 and 914.23, relating to tampering

  2  with a witness, victim, or informant, and retaliation against

  3  a witness, victim, or informant.

  4         41.  Sections 918.12 and 918.13, relating to tampering

  5  with jurors and evidence.

  6         42.  Section 1 of this act, relating to the regulation

  7  of movers, if the violation is punishable as a felony.

  8         Section 3.  If any provision of this act or its

  9  application to any person or circumstance is held invalid, the

10  invalidity does not affect other provisions or applications of

11  the act which can be given effect without the invalid

12  provision or application, and to this end the provisions of

13  this act are severable.

14         Section 4.  This act shall take effect July 1, 2001.

15

16            *****************************************

17                          SENATE SUMMARY

18    Creates the "Movers Regulation Act." Provides for the
      Department of Agriculture and Consumer Services to
19    regulate the intrastate transportation of household goods
      under the act. Prohibits a person from engaging in
20    business as a mover without obtaining an annual operating
      permit from the department. Requires that a mover obtain
21    a bond or establish financial security of $50,000.
      Authorizes the department to bring an action to recover
22    against a mover's bond or financial security. Provides
      for an appeal of a denial or revocation of an operating
23    permit. Requires that a mover provide certain disclosures
      and prepare a written estimate and a written contract
24    before loading household goods. Limits the circumstances
      under which a mover may charge a fee in excess of the
25    written contract. Provides for enforcement of the act.
      Authorizes the Department of Legal Affairs to prosecute
26    violations of the act under the Florida Deceptive and
      Unfair Trade Practices Act. Provides that the act
27    preempts conflicting local laws or ordinances. Provides
      that any violation of the act which is a felony is
28    racketeering activity under the Florida RICO Act. (See
      bill for details.)
29

30

31

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