Senate Bill sb1452

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    Florida Senate - 2002                                  SB 1452

    By Senator Constantine





    9-1500-02                                               See HB

  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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    Florida Senate - 2002                                  SB 1452
    9-1500-02                                               See HB




  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.--As used in this act, the

22  term:

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

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

25  incidental to the transportation service, including, but not

26  limited to: valuation coverage; preparation of written

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

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

29  which is defined to be carrying articles excessive distances

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

31  loading and unloading; reweighing; disassembly or reassembly;

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    Florida Senate - 2002                                  SB 1452
    9-1500-02                                               See HB




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

  2  and furnishing of packing or crating materials.  Accessorial

  3  services also include services not performed by the mover but

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

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

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

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

  8  connection with the solicitation of a moving and storage

  9  business and includes, without limitation, statements and

10  representations made in a newspaper, telephone yellow pages,

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

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

13  brochure, poster, or letter.

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

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

16  or satisfaction.

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

18  written document prepared by the mover and approved by the

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

20  which authorizes services from the named mover and lists the

21  services and all costs associated with the transportation of

22  household goods and accessorial services to be performed on

23  behalf of the shipper.

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

25  Professional Regulation.

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

27  the department.

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

29  the prospective shipper which sets forth the total cost and

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

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    Florida Senate - 2002                                  SB 1452
    9-1500-02                                               See HB




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

  2  accessorial services.

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

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

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

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

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

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

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

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

11  other place of business.

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

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

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

15  condition of each item.

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

17  transportation or shipment of household goods for compensation

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

19  public as engaging in the transportation or shipment of

20  household goods for compensation.

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

22  context demands and includes individuals, partnerships,

23  corporations, companies, trusts, societies, associations, and

24  any other legal entities.

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

26  of a mover for the transportation or shipment of household

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

28  designates in writing.

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

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

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    Florida Senate - 2002                                  SB 1452
    9-1500-02                                               See HB




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

  2  moving vehicle granted approval to provide moving services by

  3  the division.

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

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

  6  liberally to:

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

  8  transportation, shipment, and affiliated storage of household

  9  goods.

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

11  not inconsistent with federal law relating to consumer

12  protection.

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

14  operations of any mover engaged in the intrastate

15  transportation of household goods, except this act shall not

16  be construed to include shipments contracted by the United

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

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

19  only apply to the transportation of household goods

20  originating in this state and terminating in this state.

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

22  satisfaction and confidence of shippers and members of the

23  public when using a mover.

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

25  the authority or jurisdiction of any federal agency with

26  respect to goods or services regulated or controlled under

27  other provisions of law.

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

29  required or specifically permitted by federal law.

30

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    Florida Senate - 2002                                  SB 1452
    9-1500-02                                               See HB




  1         (6)  All advertisements placed by movers shall furnish

  2  the complete business address, telephone number, and

  3  department operating permit number of such mover.

  4         Section 4.  Registration; operating permit and decal

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

  6  hearing; appeals.--

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

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

  9  goods originating in this state and terminating in this state

10  without first obtaining an operating permit and vehicle decal

11  from the division and maintaining such permit and decal as

12  required in this act.

13         (2)  Each mover shall annually register with the

14  division for an operating permit and vehicle decal and provide

15  to the division:

16         (a)  The mover's legal business and trade name, current

17  mailing address, and current business location for each place

18  from which the mover operates a main office, branch offices,

19  or storage locations.

20         (b)  A designation of which location constitutes the

21  mover's principal place of business.

22         (c)  A copy of any occupational licenses.

23         (d)  The full names, current mailing addresses, current

24  telephone numbers, and social security numbers or federal tax

25  identification numbers of the mover's owners or corporate

26  officers and directors.

27         (e)  The Florida registered agent of the corporation.

28         (f)  A statement listing the names of any other

29  corporations, entities, or trade names through which any

30  owner, corporate officer, or director of the registrant was

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

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    Florida Senate - 2002                                  SB 1452
    9-1500-02                                               See HB




  1  immediately preceding the year in which the mover is

  2  submitting the application for registration.

  3         (g)  Proof of vehicle liability insurance and general

  4  liability insurance.

  5         (h)  Cargo legal liability insurance.

  6         (i)  The vehicle identification number, license tag

  7  number, and gross weight of each commercial motor vehicle

  8  operated by the mover.

  9         (j)  The number of employees who are currently employed

10  by the mover.

11         (k)  Proof of workers' compensation insurance coverage

12  required by chapter 440, Florida Statutes, a state certificate

13  of exemption, or a letter from the mover indicating that no

14  such workers' compensation is required by law.

15         (l)  Proof of all insurances required by section 5.

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

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

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

19  The permit may be modified upon completion of the required

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

21  department.

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

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

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

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

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

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

28  operating permit application and all permit fees shall be

29  submitted to division.

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

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

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    Florida Senate - 2002                                  SB 1452
    9-1500-02                                               See HB




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

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

  3  nonrefundable fee of up to $250.  All permit fees shall be

  4  established by the department by rule not to exceed $250.

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

  6  operating permit in the form and size prescribed by the

  7  division and which contains a permit number.  Such permit

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

  9  primary place of business. The currently assigned permit

10  number shall appear in all advertising, including telephone

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

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

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

14  permit number is a violation of this act.

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

16  shall be compliance by the applicant with all the applicable

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

18  completed application for a permit, and payment of applicable

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

20  to such conditions, limitations, and restrictions imposed by

21  the division as the division deems necessary to protect

22  customers and consumers, provided such conditions,

23  limitations, and restrictions are consistent with the

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

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

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

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

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

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

30  application or renewal as provided in this section;

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    Florida Senate - 2002                                  SB 1452
    9-1500-02                                               See HB




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

  2  dishonest dealing, or theft involving transportation or

  3  storage of household goods for compensation.  The division may

  4  conduct criminal background checks to obtain such information

  5  from the Department of Law Enforcement or any other government

  6  agency;

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

  8  out of any administrative or enforcement action brought by any

  9  governmental agency or private person based upon conduct

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

11  act;

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

13  company as described in section 19; or

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

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

16  under the provisions of this act.

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

18  upon the presentation by such mover of false identification or

19  information, or identification not current with respect to

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

21  material to such permit, is void.

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

23  permit issued pursuant to this act if the division determines

24  that the applicant has:

25         (a)  Violated any provision of this act;

26         (b)  Misrepresented or concealed a fact on the

27  application, renewal application, or replacement application

28  for an operating permit;

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

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

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    Florida Senate - 2002                                  SB 1452
    9-1500-02                                               See HB




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

  2  of a contract for service which constitutes fraud;

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

  4  of a permit imposed by the division;

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

  6  theft, or dishonest dealing involving transportation or

  7  storage of household goods for compensation; or

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

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

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

11  department, division, or a special master.

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

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

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

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

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

17  result in civil fines or penalties, judgments, or

18  administrative orders entered by the division or a conviction

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

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

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

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

23  the following:

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

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

26  appeal such decision to the department within 20 days after

27  receipt of the decision. A nonrefundable filing fee of up to

28  $250 must accompany the written request for appeal. The filing

29  fee shall be established by rule of the department not to

30  exceed $250. The appeal shall be reviewed at a hearing of the

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    Florida Senate - 2002                                  SB 1452
    9-1500-02                                               See HB




  1  department within 60 days after receipt by the division of the

  2  request for appeal.

  3         (b)  At the conclusion of any hearing conducted

  4  pursuant to this subsection, the department shall orally

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

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

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

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

  9  matter appealed.

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

11  department within 30 days after the rendition of the decision

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

13  competent jurisdiction in this state.

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

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

16  whom the operating permit was issued may obtain a replacement

17  of such permit upon furnishing satisfactory proof of loss,

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

19  applicable fee of up to $50 established by rule of the

20  department. Applications for a replacement operating permit

21  shall include the following information:

22         (a)  Name and address of the applicant.

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

24  or mutilation of the operating permit.

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

26  required by the division.

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

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

29  application shall be updated and verified by the applicant.

30  Each updated renewal application shall be accompanied by a

31  nonrefundable fee of up to $250 which shall be established by

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    Florida Senate - 2002                                  SB 1452
    9-1500-02                                               See HB




  1  rule of the department.  All moneys received shall be

  2  deposited into the department's Professional Regulation Trust

  3  Fund and shall be used to accomplish the purposes of this act.

  4  All moving permits which are not renewed shall automatically

  5  expire upon the expiration date of the permit, as stated on

  6  the permit, and all moving and storage services authorized

  7  under the permit shall cease immediately.  The division shall

  8  deny any renewal application that is not timely, is

  9  incomplete, is untrue in whole or in part, or is not

10  accompanied by the required nonrefundable fee or results in a

11  determination by the division that an applicant has failed to

12  satisfy the requirements of this act.

13         (14)  Each permitted moving company shall obtain a

14  decal from the division for each vehicle used for moving

15  household goods.  A nonrefundable vehicle decal fee shall be

16  remitted to the division, in an amount up to $100 provided by

17  rule of the department, together with a complete description

18  of each vehicle.  Upon issuance of a vehicle decal, such decal

19  shall be affixed to the lower left corner of the front window

20  in the vehicle at all times.  The vehicle decal remains the

21  property of the division and shall be used only under the

22  authority of the division.  Annual replacement vehicle decals

23  may be obtained upon application to the division evidencing

24  continued compliance with the provisions of this act and

25  payment of a fee in an amount provided by rule of the

26  department.  No vehicle decal may be sold, assigned, or

27  otherwise transferred.  If a vehicle is destroyed or sold, the

28  mover shall remove the vehicle decal, if in existence, and

29  surrender the remains to the division.  A nonrefundable fee of

30  up to $50 for replacing decals shall be established by rule of

31  the department.  Vehicle decals used by moving companies for

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    Florida Senate - 2002                                  SB 1452
    9-1500-02                                               See HB




  1  short-term rental vehicles shall be affixed to the magnetic

  2  sign as required in section 6.

  3         (15)  Each vehicle decal and moving permit issued

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

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

  6  to submit a complete and true moving permit application and

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

  8  result in the assessment of a nonrefundable late fee of up to

  9  $50.  The late fee, not to exceed $50, shall be established by

10  rule of the department.  Upon submission of an application,

11  the division may provide the mover with a receipt which shall

12  constitute a provisional moving permit and shall be valid for

13  no longer than 45 calendar days or until the issuance or

14  denial of the moving permit, whichever comes first.  Within 10

15  business days after receipt of the division's notice of

16  denial, such mover may refile a complete and true application

17  and pay a nonrefundable refiling fee established by rule of

18  the department.  Failure to refile an application within such

19  10-day period shall result in the mover being required to

20  submit a new application and repay the nonrefundable permit

21  fee and vehicle decal fees.

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

23  desire to operate in this state shall secure an operating

24  permit and follow the permitting procedures described in this

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

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

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

28  otherwise all other fees are applicable.

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

30  process shall be submitted by November 30, 2002.  Late fees

31  shall apply to all applications received after that date.

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    Florida Senate - 2002                                  SB 1452
    9-1500-02                                               See HB




  1         Section 5.  Evidence of cargo legal liability valuation

  2  and insurance coverage.--

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

  4  legal liability insurance, and motor vehicle insurance

  5  coverage provided by movers are as follows:

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

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

  8  deductible to this valuation coverage.

  9         (b)  Cargo legal liability insurance coverage for loss

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

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

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

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

14  than $50,000 per shipment.

15         (c)  Motor vehicle combined bodily liability insurance

16  and property damage liability insurance which shall be issued

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

18  the Florida Insurance Guaranty Association and which shall be

19  in accordance with the following:

20         1.  One hundred thousand dollars per occurrence for a

21  commercial motor vehicle with a gross vehicle weight of less

22  than 26,000 pounds.

23         2.  Two hundred fifty thousand dollars per occurrence

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

25  26,000 pounds or more, but less than 44,000 pounds.

26         3.  One million dollars per occurrence for a commercial

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

28  more.

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

30  made available to the division upon application for an

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

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    Florida Senate - 2002                                  SB 1452
    9-1500-02                                               See HB




  1  endorsement providing for 30 days' written notice to the

  2  division of any material change, expiration, or cancellation

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

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

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

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

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

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

  9  citation, misdemeanor conviction, or other such remedies

10  available to the division under this section. The insurance

11  carrier or company must qualify as an insurance company

12  authorized to transact insurance in this state.

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

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

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

16  permanently affixed, and in contrasting colors, the moving

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

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

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

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

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

22  must be affixed to the magnetic signs.

23         Section 7.  Estimates of moving costs.--

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

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

26  transportation, and accessorial services incidental to the

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

28  shall charge for preparing an estimate unless, prior to

29  preparing the estimate, the mover:

30         (a)  Clearly and conspicuously discloses in writing to

31  the prospective shipper the amount of the charge for the

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    Florida Senate - 2002                                  SB 1452
    9-1500-02                                               See HB




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

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

  3  calculated.

  4         (b)  Obtains the prospective shipper's written

  5  authorization to prepare an estimate.

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

  7  written estimate and a mover shall not require a prospective

  8  shipper to waive the right to a written estimate.

  9         (3)  The written estimate provided to the prospective

10  shipper shall include, at a minimum:

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

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

13  mover are available during normal business hours.

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

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

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

17  where the shipper may be reached.

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

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

20  held pending further transportation, if applicable.

21         (d)  A complete itemization and description of all

22  costs and services for transportation and accessorial services

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

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

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

26  of section 12.

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

28  liability, subject to the provisions of section 14.

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

30  least 12-point type:

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    Florida Senate - 2002                                  SB 1452
    9-1500-02                                               See HB




  1                      PLEASE READ CAREFULLY

  2

  3         IF YOU HAVE A QUESTION OR COMPLAINT, PLEASE

  4         CONTACT THE DIVISION OF PROFESSIONS OF THE

  5         DEPARTMENT OF BUSINESS AND PROFESSIONAL

  6         REGULATION IN TALLAHASSEE, FLORIDA.

  7

  8                  ESTIMATE OF TOTAL COST

  9                  PURSUANT TO STATE LAW

10

11         YOU ARE ENTITLED TO A WRITTEN ESTIMATE OF THE

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

13         STATE LAW IF THE TOTAL COST OF YOUR MOVE

14         EXCEEDS THE AMOUNT OF YOUR WRITTEN ESTIMATE BY

15         MORE THAN TEN PERCENT.  PLEASE REVIEW THIS

16         DOCUMENT TO MAKE SURE THE ESTIMATE IS COMPLETE.

17

18         (4)  Prior to performing any transportation or

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

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

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

22  the mover's records.

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

24  a prospective shipper to enter into a contract for service

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

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

27  same form as the contract for service.

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

29  prospective shipper without subsequently providing this

30  estimate in written form as required by this act.

31

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    9-1500-02                                               See HB




  1         (8)  Notwithstanding any other provision of this act,

  2  no written estimate is required when there are continued

  3  transactions between the same shipper and mover and the mover

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

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

  6  right to a written estimate.

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

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

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

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

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

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

13         (2)  A contract for service shall clearly and

14  conspicuously disclose, at a minimum, the following:

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

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

17  mover are on duty during business hours.

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

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

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

21  shipper may be reached.

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

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

24  held pending further transportation, if applicable.

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

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

27  be accomplished.

28         (e)  A complete itemization and description of all

29  costs and services for transportation and accessorial services

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

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

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    9-1500-02                                               See HB




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

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

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

  4  section 10.

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

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

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

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

  9  liability, pursuant to section 14.

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

11  complaint handling, which shall include a physical address and

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

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

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

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

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

17  tickets shall be retained and supplied to the shipper and

18  division upon request.

19         Section 9.  Disclosure statement required.--The

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

21  include the following disclosures in bold capitalized letters

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

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

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

25  to the performance of any service by a mover:

26

27                      PLEASE READ CAREFULLY

28

29         IF YOU HAVE A QUESTION OR COMPLAINT, PLEASE

30         CONTACT THE DIVISION OF PROFESSIONS OF THE

31

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    Florida Senate - 2002                                  SB 1452
    9-1500-02                                               See HB




  1         DEPARTMENT OF BUSINESS AND PROFESSIONAL

  2         REGULATION IN TALLAHASSEE, FLORIDA.

  3

  4                   CONTRACT FOR SERVICE

  5

  6         THIS CONTRACT FOR SERVICE IS REQUIRED BY STATE

  7         LAW AND MUST INCLUDE ALL OF THE TERMS AND COSTS

  8         ASSOCIATED WITH YOUR MOVE.  IN ORDER FOR THE

  9         CONTRACT FOR SERVICE TO BE ACCURATE, YOU MUST

10         DISCLOSE ALL INFORMATION RELEVANT TO THE MOVE

11         TO THE MOVER.  STATE LAW REQUIRES THAT A MOVER

12         DELIVER YOUR GOODS AND COMPLETE YOUR MOVE UPON

13         PAYMENT OF NO MORE THAN THE MAXIMUM AMOUNT

14         STATED IN THE CONTRACT.

15

16                  DAMAGE OR OTHER CLAIM

17

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

19         TO 30 DAYS AFTER THE COMPLETION OF THE DELIVERY

20         OF THE HOUSEHOLD GOODS TO NOTIFY THE MOVER, IN

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

22         DELAY IN RELATION TO THIS MOVE.  HOWEVER, BE

23         ADVISED THAT THIS DOES NOT LIMIT ANY OTHER

24         LEGAL REMEDY AVAILABLE TO YOU.

25

26                        INVENTORY

27

28         PURSUANT TO STATE LAW, A WRITTEN INVENTORY OF

29         THE SHIPPER'S HOUSEHOLD GOODS SHALL BE PREPARED

30         BY THE MOVER AT NO ADDITIONAL CHARGE TO THE

31         SHIPPER WHEN:

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

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

  3         MOVE ARE PLACED IN STORAGE;

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

  5         DAY THEY WERE PICKED UP; OR

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

  7         MOVING VEHICLE AT THE SAME TIME.

  8

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

10  shipper at the origin and destination.  Under any other

11  circumstances, the shipper may request an inventory and the

12  mover may charge for preparing the inventory after clearly and

13  conspicuously disclosing in writing to the shipper the amount

14  of the charge for the preparation of the inventory.

15         Section 10.  Charges in excess of written estimate,

16  unlawful charges, refusal to relinquish goods prohibited;

17  payment of charges in excess of written estimate or contract

18  for service.--

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

20  10 percent over the amount of the written estimate, except as

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

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

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

24  explanation of such excess charges to the shipper, which

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

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

27  shipper.

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

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

30  complete in a timely manner all transportation and accessorial

31  services required to be performed pursuant to the contract for

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    Florida Senate - 2002                                  SB 1452
    9-1500-02                                               See HB




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

  2  excess of the amount set forth in subsection (1), in excess of

  3  the total amount set forth in the contract for service as

  4  required by paragraph (2)(e) of section 8, or in excess of the

  5  contract pursuant to subsection (3).

  6         (3)  Circumstances preventing the mover from obtaining

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

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

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

10  written explanation of such excess charges to the shipper

11  together with the total cost of any additional service which

12  shall be authorized and signed by the shipper.

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

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

15  additional charge to the shipper when the move is not

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

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

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

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

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

21  the origin and destination.  Under any other circumstances,

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

23  for preparing the inventory after clearly and conspicuously

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

25  for the preparation of the inventory.

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

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

28  payment:

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

30  check;

31

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    Florida Senate - 2002                                  SB 1452
    9-1500-02                                               See HB




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

  2  address of the shipper or authorized representative; or

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

  4  limited to, Visa or MasterCard.

  5

  6  A mover shall clearly and conspicuously disclose to the

  7  shipper in the contract for service and the estimate which

  8  methods of payment the mover will accept.

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

10  are caused by actions of the shipper:

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

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

13  shipper as specified in the contract for service.

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

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

16  court of competent jurisdiction if a mover fails to perform

17  either pickup or delivery or any accessorial services as

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

19  any expenses that would not otherwise have been incurred.

20         Section 14.  Liability of movers; limitation and

21  disclosure.--

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

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

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

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

26  shipper.

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

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

29  additional cost and coverage, including any deductible, shall

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

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

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  1  declared value of the shipment or the cargo liability

  2  insurance actually carried by the mover and available to the

  3  shipper.

  4         (3)  The rejection or selection of additional valuation

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

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

  7  advise the shipper of the nature of the limitation of cargo

  8  liability and shall state that the minimum coverage is equal

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

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

11  type and shall state:

12

13                      PLEASE READ CAREFULLY

14

15         WAIVER OF CERTAIN INSURANCE COVERAGE.--BY

16         SIGNING THIS WAIVER, YOU ARE DECLINING CERTAIN

17         VALUABLE COVERAGE WHICH PROTECTS YOUR

18         POSSESSIONS ABOVE THE MINIMUM AMOUNTS SET BY

19         LAW (60 CENTS PER POUND PER ARTICLE).

20

21                  PLEASE READ CAREFULLY

22

23         IF YOU HAVE A QUESTION OR COMPLAINT, PLEASE

24         CONTACT THE DIVISION OF PROFESSIONS OF THE

25         DEPARTMENT OF BUSINESS AND PROFESSIONAL

26         REGULATION IN TALLAHASSEE, FLORIDA.

27

28         Section 15.  Records; inquiry or complaint handling;

29  inspection.--

30         (1)  A mover shall maintain records which shall

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

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    9-1500-02                                               See HB




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

  2  of completion of performance of the contract for service.

  3  Records shall be made available for inspection and copying

  4  immediately upon demand by the division for all moves which

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

  6  which occurred more than 12 months prior to the division's

  7  request shall be made available for inspection and copying

  8  within 5 business days after the mover's receipt of a written

  9  request from the division.

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

11  for responding to inquiries and complaints from shippers.  The

12  procedure shall include a means whereby the shipper may

13  communicate with the principal office of the mover by

14  telephone.  This procedure and telephone number shall be

15  stated on the contract and estimate.

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

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

18  inquiries received from a shipper.

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

20  division pertaining to a contract for service or mover shall

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

22  state law.

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

24  division for inspection, investigation, or for such other

25  purposes as are necessary for the enforcement and

26  administration of this act during the business hours of the

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

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

29  holidays.

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

31  a move unless the moving vehicle operator providing such

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    Florida Senate - 2002                                  SB 1452
    9-1500-02                                               See HB




  1  service maintains in his or her possession the completed

  2  written estimate and signed contract for service.  Each

  3  completed written estimate and signed contract for service

  4  shall be available for inspection on demand by division

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

  6         Section 16.  Collection of freight charges on shipments

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

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

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

10         Section 17.  Claims.--

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

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

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

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

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

16  right to a claim for damages solely by acknowledging receipt

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

18  document.

19         (2)  Whenever a mover requires a signed statement

20  acknowledging delivery or receipt of items, the statement

21  shall include a clear and conspicuous notice that the shipper

22  may make notations regarding the household goods as delivered

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

24  or damaged household goods.

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

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

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

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

29  its contract for service.  Such limitation shall not be

30  construed to limit any other remedy the shipper may have

31  available at law.

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    9-1500-02                                               See HB




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

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

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

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

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

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

  7  than 90 days after receipt of the claim.

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

  9  of an item or an entire shipment cannot be otherwise

10  authenticated upon investigation, the mover may request from

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

12  sworn written statement that the household goods for which the

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

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

15  shipper shall be liable for damages to the mover.

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

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

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

19         Section 18.  Consumer complaints.--

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

21  circumstances may file a written complaint with the division:

22         (a)  A violation of this act;

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

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

25  contract for service; or

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

27  be otherwise resolved.

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

29  the allegations upon which the complaint is based.

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

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

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    9-1500-02                                               See HB




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

  2  orders, further administrative action, requests for temporary

  3  and permanent injunctions, or dismissal of the complaint.

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

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

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

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

  8  penalties imposed pursuant to this act.  In determining intent

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

10  as to whether:

11         (1)  The transfer was to an insider;

12         (2)  The moving company retained possession or control

13  of the property transferred after the transfer;

14         (3)  The transfer was disclosed or concealed;

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

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

17  suit;

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

19  company's assets;

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

21  moving company was reasonably equivalent to the value of the

22  asset transferred or the amount of the obligation incurred;

23         (7)  The moving company was insolvent or became

24  insolvent shortly after the transfer was made or the

25  obligation was incurred;

26         (8)  The transfer occurred shortly before or shortly

27  after substantial permit fees or civil penalties were

28  incurred; or

29         (9)  The moving company transferred the essential

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

31  to an insider of the moving company.

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  1         Section 20.  Enforcement and penalties.--

  2         (1)  Any person or entity that operates or attempts to

  3  operate as a mover without an active, valid operating permit

  4  issued pursuant to this act commits a misdemeanor of the

  5  second degree, punishable as provided in section 775.082 or

  6  section 775.083, Florida Statutes.

  7         (2)  In addition to the sanctions contained in this

  8  subsection, the department shall take any other appropriate

  9  legal action, including, but not limited to, cease and desist

10  orders, other administrative actions, and requests for

11  temporary and permanent injunctions to enforce the provisions

12  of this act. Each day during any portion of which a violation

13  occurs or continues to occur constitutes a separate violation.

14  It is the purpose of this act to provide additional cumulative

15  remedies.

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

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

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

19  law enforcement officer who has probable cause to believe that

20  the person has committed a civil infraction in violation of

21  this act.

22         (c)  The division and state courts shall have

23  jurisdiction over all violations of this act.

24         (d)  The division shall:

25         1.  Accept designated fines and issue receipts for such

26  fines.

27         2.  Provide a uniform citation form serially numbered

28  for notifying alleged violators to appear and answer to

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

30  issued to and receipted by the division.

31

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    9-1500-02                                               See HB




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

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

  3  violated any provision of this act shall be fined an amount of

  4  up to $500 as established by rule of the department.

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

  6  charged with a civil violation and shall comply with the

  7  directives on the citation.

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

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

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

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

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

13  infraction.

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

15  shall be paid into the department's Professional Regulation

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

17  Pursuant to sections 938.01, 938.17, and 938.19, Florida

18  Statutes, mandatory costs shall be assessed against each

19  person convicted of a violation of this act.

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

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

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

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

24  contest the citation shall be deemed to have waived such

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

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

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

28  plus court costs.

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

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

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

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    9-1500-02                                               See HB




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

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

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

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

  5  entered up to the maximum civil penalty.

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

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

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

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

10  misdemeanor of the second degree, punishable as provided by

11  section 775.082 or section 775.083, Florida Statutes.

12         (m)  The division may require mandatory court

13  appearances for violations resulting in the issuance of a

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

15  clearly inform the person of the mandatory court appearance.

16  The division shall maintain records to prove the number of

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

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

19  appearing in court.

20         (3)  This act shall be enforced by the department.

21         (4)  The division shall maintain a system by which

22  movers are given citations or written notice of all

23  violations.  Division personnel shall be permitted to enter

24  the business premises of a mover to ascertain whether the

25  business is in compliance with this act.  If division

26  personnel are unreasonably refused entry or access to the

27  business premises as stated above, the division shall obtain

28  an inspection warrant pursuant to section 933.20, Florida

29  Statutes, in order to ascertain compliance with this act.

30         (5)  The division is authorized to enforce the

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

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

  2  be deemed a separate violation.

  3         Section 21.  All local laws and ordinances of any

  4  county or municipality of this state which conflict with any

  5  provision of this act are repealed.

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

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

  8  a court of competent jurisdiction to be unconstitutional,

  9  inoperative or void, such holding shall not affect the

10  constitutionality of the remainder of this act.

11         Section 23.  This act shall take effect July 1, 2002.

12

13            *****************************************

14                       LEGISLATIVE SUMMARY

15
      Regulates moving companies. Requires registration,
16    operating permits, and vehicle decals. Requires insurance
      coverage. Provides for administration and enforcement by
17    the Department of Business and Professional Regulation.
      (See bill for details.)
18

19

20

21

22

23

24

25

26

27

28

29

30

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