CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

    717-130AXE-02                               Bill No. CS/HB 893

    Amendment No. 2 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Johnson offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

17         Section 1.  Definitions.--For the purposes of this act,

18  the term:

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

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

21  incidental to the transportation service, including, but not

22  limited to, valuation coverage; preparation of written

23  inventory; equipment, including dollies, hand-trucks, pads,

24  blankets, and straps; storage, packing, unpacking, or crating

25  of articles; hoisting or lowering; waiting time; long carry,

26  which is defined as carrying articles excessive distances

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

28  loading and unloading; reweighing; disassembly or reassembly;

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

30  and furnishing of packing or crating materials. Accessorial

31  services also include services not performed by the mover but

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                                                   HOUSE AMENDMENT

    717-130AXE-02                               Bill No. CS/HB 893

    Amendment No. 2 (for drafter's use only)





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

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

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

  4         (2)  "Advertise" means to advise, announce, give notice

  5  of, publish, or call attention by use of oral, written, or

  6  graphic statement made in a newspaper or other publication or

  7  on radio or television, any electronic medium, or contained in

  8  any notice, handbill, sign, including signage on vehicle,

  9  flyer, catalog or letter, or printed on or contained in any

10  tag or label attached to or accompanying any good.

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

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

13  or satisfaction.

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

15  written document approved by the shipper in writing prior to

16  the performance of any service which authorizes services from

17  the named mover and lists the services and all costs

18  associated with the transportation of household goods and

19  accessorial services to be performed.

20         (5)  "Department" means the Department of Agriculture

21  and Consumer Services.

22         (6)  "Estimate" means a written document which sets

23  forth the total cost and the basis of such costs related to a

24  shipper's move, which shall include, but not be limited to,

25  transportation or accessorial services.

26         (7)  "Household goods" means personal effects or other

27  personal property found in a home, personal residence, storage

28  facility, or other location, including property in a

29  storehouse or warehouse facility that is owned or rented by a

30  shipper or shipper's agent, but does not include freight or

31  personal property moving to or from a factory, store, or other

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                                                   HOUSE AMENDMENT

    717-130AXE-02                               Bill No. CS/HB 893

    Amendment No. 2 (for drafter's use only)





  1  place of business.

  2         (8)  "Mover" means any person who engages in the

  3  transportation or shipment of household goods for

  4  compensation.

  5         (9)  "Shipper" means any person who uses the services

  6  of a mover to transport or ship household goods.

  7         (10)  "Storage" means warehousing of the shipper's

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

  9         Section 2.  Construction; intent; application.--

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

11  liberally to:

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

13  transportation, shipment, and affiliated storage of household

14  goods.

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

16  not inconsistent with federal law relating to consumer

17  protection.

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

19  operations of any mover engaged in the intrastate

20  transportation of household goods, except this act shall not

21  be construed to include shipments contracted by the United

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

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

24  only apply to the transportation of household goods

25  originating in this state and terminating in this state.

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

27  satisfaction and confidence of shippers and members of the

28  public when using a mover.

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

30  the authority or jurisdiction of any federal agency with

31  respect to goods or services regulated or controlled under

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                                                   HOUSE AMENDMENT

    717-130AXE-02                               Bill No. CS/HB 893

    Amendment No. 2 (for drafter's use only)





  1  other provisions of law.

  2         Section 3.  Registration.--

  3         (1)  Each mover shall annually register with the

  4  department, providing its legal business and trade name,

  5  mailing address, and business locations; the full names,

  6  addresses, telephone numbers, and social security numbers of

  7  its owners or corporate officers and directors and the Florida

  8  agent of the corporation; a statement whether it is a domestic

  9  or foreign corporation, its state and date of incorporation,

10  its charter number, and, if a foreign corporation, the date it

11  registered with the State of Florida, and occupational license

12  where applicable; the date on which a mover registered its

13  fictitious name if the mover is operating under a fictitious

14  or trade name; the name of all other corporations, business

15  entities, and trade names through which each owner of the

16  mover operated, was known, or did business as a mover within

17  the preceding 5 years; and proof of purchase of adequate bond

18  or establishment of a letter of credit or certificate of

19  deposit as required in this act.

20         (2)  A certificate evidencing proof of registration

21  shall be issued by the department and must be prominently

22  displayed in the mover's primary place of business.

23         (3)  Registration fees shall be $300 per year per

24  mover. All amounts collected shall be deposited by the

25  Treasurer to the credit of the General Inspection Trust Fund

26  of the department for the sole purpose of administration of

27  this act.

28         (4)  Any mover whose principal place of business is

29  located in a county or municipality that requires, by local

30  ordinance, a local license or registration to engage in the

31  business of moving and storage of household goods shall obtain

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                                                   HOUSE AMENDMENT

    717-130AXE-02                               Bill No. CS/HB 893

    Amendment No. 2 (for drafter's use only)





  1  the license or registration from such county or municipality.

  2  A mover that obtains such local license or registration shall

  3  also be required to pay the state registration fee under

  4  subsection (3) and the department shall issue the mover a

  5  state certificate of registration upon submission of proof of

  6  the local license or registration by the mover.

  7         (5)  Each contract of a mover must include the phrase

  8  "...(NAME OF FIRM)... is registered with the State of Florida

  9  as a Mover. Registration No. ....."

10         (6)  Each advertisement of a mover must include the

11  phrase "Fla. Mover Reg. No. ....."

12         (7)  No registration shall be valid for any mover

13  transacting business at any place other than that designated

14  in its application, unless the department is first notified in

15  writing in advance of any change of location. A registration

16  issued under this act shall not be assignable, and the mover

17  shall not be permitted to conduct business under more than one

18  name except as registered. A mover desiring to change its

19  registered name or location or designated agent for service of

20  process at a time other than upon renewal of registration

21  shall notify the department of such change.

22         (8)  The department may deny or refuse to renew the

23  registration of any mover based upon a determination that the

24  mover, or any of its directors, officers, owners, or general

25  partners:

26         (a)  Has failed to meet the requirements for

27  registration as provided in this act;

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

29  dishonest dealing, or any other act of moral turpitude;

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

31  out of any administrative or enforcement action brought by any

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                                                   HOUSE AMENDMENT

    717-130AXE-02                               Bill No. CS/HB 893

    Amendment No. 2 (for drafter's use only)





  1  governmental agency or private person based upon conduct

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

  3  act;

  4         (d)  Has pending against him or her any criminal,

  5  administrative, or enforcement proceedings in any

  6  jurisdiction, based upon conduct involving fraud, dishonest

  7  dealing, or any other act of moral turpitude;

  8         (e)  Has had a judgment entered against him or her in

  9  any action brought by the department or the Department of

10  Legal Affairs pursuant to this act or ss. 501.201-501.213,

11  Florida Statutes, the Florida Deceptive and Unfair Trade

12  Practices Act; or

13         (f)  Each mover shall provide evidence of current and

14  valid insurance coverage as described in section 4.

15         Section 4.  Cargo legal liability valuation and

16  insurance coverage.--

17         (1)  A mover operating in this state shall maintain

18  current and valid cargo legal liability valuation and

19  insurance coverage which includes:

20         (a)  Coverage for cargo legal liability for loss or

21  damage to household goods arising or resulting from the

22  negligence of the mover, its employees, or agents, in an

23  amount not less than $10,000 per shipment.

24         (b)  Motor vehicle coverage, including combined bodily

25  injury and property damage liability coverage in the following

26  minimum amounts:

27         1.  $50,000 per occurrence for a commercial motor

28  vehicle with a gross weight of less than 35,000 pounds.

29         2.  $100,000 per occurrence for a commercial motor

30  vehicle with a gross weight of more than 35,000 pounds, but

31  less than 44,000 pounds.

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                                                   HOUSE AMENDMENT

    717-130AXE-02                               Bill No. CS/HB 893

    Amendment No. 2 (for drafter's use only)





  1         3.  $300,000 per occurrence for a commercial motor

  2  vehicle with a gross weight of 44,000 pounds or more.

  3         (c)  A limitation on the release of a mover's liability

  4  for the value of a shipper's goods at a rate not less than 60

  5  cents per pound per article. This limitation of liability

  6  shall be disclosed to the shipper in writing at the time the

  7  estimate or contract for services is executed prior to the

  8  provision of any moving or accessorial services. The

  9  disclosure shall also inform the shipper of the opportunity to

10  reject or select additional valuation, including the cost and

11  coverage of such additional valuation.

12         (2)  All insurance coverages required under subsection

13  (1) shall be issued by an insurance company or carrier duly

14  authorized to transact business in the State of Florida. The

15  department may require a mover to present evidence of the

16  required coverages prior to issuance of a registration

17  certificate, or renewal thereof, under section 3 of this act.

18         Section 5.  Estimates and contracts for service.--Prior

19  to providing any moving or accessorial services, a contract

20  and estimate must be provided to a prospective shipper in

21  writing, must be signed and dated by the shipper and the

22  mover, and must include:

23         (1)  The name, telephone number, and physical address

24  where the mover's employees are available during normal

25  business hours.

26         (2)  The date the contract or estimate is prepared and

27  any proposed date of the move.

28         (3)  The name and address of the shipper, the addresses

29  where the items are to be picked up and delivered, and a

30  telephone number where the shipper may be reached.

31         (4)  The name, telephone number, and physical address

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                                                   HOUSE AMENDMENT

    717-130AXE-02                               Bill No. CS/HB 893

    Amendment No. 2 (for drafter's use only)





  1  of any location where the goods will be held pending further

  2  transportation, including situations where the mover retains

  3  possession of goods pending resolution of a fee dispute with

  4  the shipper.

  5         (5)  An itemized breakdown and description and total of

  6  all costs and services for transportation and accessorial

  7  services to be provided during a move or storage of household

  8  goods.

  9         (6)  Acceptable forms of payment.

10         Section 6.  Delivery and storage of household goods.--

11         (1)  A mover must relinquish household goods to a

12  shipper and must place the goods inside a shipper's dwelling

13  unless the shipper has not tendered payment in the amount

14  specified in a written contract or estimate signed and dated

15  by the shipper. A mover may not refuse to relinquish

16  prescription medicines and goods for use by children,

17  including children's furniture, clothing, or toys, under any

18  circumstances.

19         (2)  A mover may not refuse to relinquish household

20  goods to a shipper or fail to place the goods inside a

21  shipper's dwelling based on the mover's refusal to accept an

22  acceptable form of payment.

23         (3)  A mover that lawfully fails to relinquish a

24  shipper's household goods may place the goods in storage until

25  payment is tendered. However, the mover must inform the

26  shipper promptly in writing where the goods are located and

27  the amount due. A mover may not require a prospective shipper

28  to waive any rights or requirements under this section.

29         Section 7.  Violations.--It is a violation of this act

30  to:

31         (1)  Conduct business as a mover or advertise to engage

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                                                   HOUSE AMENDMENT

    717-130AXE-02                               Bill No. CS/HB 893

    Amendment No. 2 (for drafter's use only)





  1  in the business of moving or offering to move without first

  2  being registered annually with the department.

  3         (2)  Knowingly make any false statement,

  4  representation, or certification in any application, document,

  5  or record required to be submitted or retained under this act.

  6         (3)  Misrepresent or deceptively represent:

  7         (a)  The contract for services, bill of lading, or

  8  inventory of household goods for the move estimated.

  9         (b)  The timeframe or schedule for delivery or storage

10  of household goods estimated.

11         (c)  The price, size, nature, extent, qualities, or

12  characteristics of accessorial or moving services offered.

13         (d)  The nature or extent of other goods, services, or

14  amenities offered.

15         (e)  A shipper's rights, privileges, or benefits.

16         (4)  Fail to honor and comply with all provisions of

17  the contract for services or bill of lading regarding the

18  purchaser's rights, benefits, and privileges thereunder.

19         (5)  Withhold delivery of household goods or in any way

20  hold goods in storage against the expressed wishes of the

21  shipper if payment has been made as delineated in the estimate

22  or contract for services.

23         (6)(a)  Include in any contract any provision

24  purporting to waive or limit any right or benefit provided to

25  shippers under this act.

26         (b)  Seek or solicit such waiver or acceptance of

27  limitation from a shipper concerning rights or benefits

28  provided under this act.

29         (c)  Use a local mailing address, registration

30  facility, drop box, or answering service in the promotion,

31  advertising, solicitation, or sale of contracts, unless the

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                                                   HOUSE AMENDMENT

    717-130AXE-02                               Bill No. CS/HB 893

    Amendment No. 2 (for drafter's use only)





  1  mover's fixed business address is clearly disclosed during any

  2  telephone solicitation and is prominently and conspicuously

  3  disclosed on all solicitation materials and on the contract.

  4         (d)  Do any other act which constitutes fraud,

  5  misrepresentation, or failure to disclose a material fact.

  6         (e)  Refuse or fail, or for any of the mover's

  7  principal officers to refuse or fail, after notice, to produce

  8  any document or record or disclose any information required to

  9  be produced or disclosed.

10         (f)  Knowingly make a material false statement in

11  response to any request or investigation by the department,

12  the Department of Legal Affairs, or the state attorney.

13         Section 8.  Deceptive and unfair trade practice.--Acts,

14  conduct, practices, omissions, failings, misrepresentations,

15  or nondisclosures which constitute a violation of this act

16  also constitute a deceptive and unfair trade practice for the

17  purpose of ss. 501.201-501.213, Florida Statutes, the Florida

18  Deceptive and Unfair Trade Practices Act, and administrative

19  rules adopted thereunder.

20         Section 9.  Administrative remedies; penalties.--

21         (1)  The department may enter an order doing one or

22  more of the following if the department finds that a mover or

23  person employed or contracted by a mover has violated or is

24  operating in violation of any of the provisions of this act or

25  the rules or orders issued thereunder:

26         (a)  Issuing a notice of noncompliance pursuant to s.

27  120.695, Florida Statutes.

28         (b)  Imposing an administrative fine not to exceed

29  $5,000 for each act or omission.

30         (c)  Directing that the person cease and desist

31  specified activities.

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                                                   HOUSE AMENDMENT

    717-130AXE-02                               Bill No. CS/HB 893

    Amendment No. 2 (for drafter's use only)





  1         (d)  Refusing to register or revoking or suspending a

  2  registration.

  3         (e)  Placing the registrant on probation for a period

  4  of time, subject to such conditions as the department may

  5  specify.

  6         (2)  The administrative proceedings which could result

  7  in the entry of an order imposing any of the penalties

  8  specified in subsection (1) are governed by chapter 120,

  9  Florida Statutes.

10         (3)  The department has the authority to adopt rules

11  pursuant to chapter 120, Florida Statutes, to implement this

12  act.

13         Section 10.  Civil penalties; remedies.--

14         (1)  The department may institute a civil action in a

15  court of competent jurisdiction to recover any penalties or

16  damages allowed in this act and for injunctive relief to

17  enforce compliance with this act.

18         (2)  The department may seek a civil penalty of up to

19  $5,000 for each violation of this act.

20         (3)  The department may seek restitution for and on

21  behalf of any shipper aggrieved or injured by a violation of

22  this act.

23         (4)  Any provision in a contract for services or bill

24  of lading from a mover that purports to waive, limit,

25  restrict, or avoid any of the duties, obligations, or

26  prescriptions of the mover, as provided in this act, is void

27  and unenforceable and against public policy.

28         (5)  The remedies provided in this act are in addition

29  to any other remedies available for the same conduct,

30  including those provided in local ordinances.

31         (6)  Upon motion of the department in any action

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                                                   HOUSE AMENDMENT

    717-130AXE-02                               Bill No. CS/HB 893

    Amendment No. 2 (for drafter's use only)





  1  brought under this act, the court may make appropriate orders,

  2  including appointment of a master or receiver or sequestration

  3  of assets, to reimburse shippers found to have been damaged,

  4  to carry out a consumer transaction in accordance with the

  5  shipper's reasonable expectations, or to grant other

  6  appropriate relief.

  7         Section 11.  Criminal penalties.--

  8         (1)  The refusal of a mover or a mover's employee,

  9  agent, or contractor to comply with an order from a law

10  enforcement officer to relinquish a shipper's household goods

11  after the officer determines that the shipper has tendered

12  payment of the amount of a written estimate or contract, or

13  after the officer determines that the mover did not produce a

14  signed estimate or contract upon which demand is being made

15  for payment, is a felony of the third degree, punishable as

16  provided in s. 775.082, s. 775.083, or s. 775.084, Florida

17  Statutes. A mover's compliance with an order from a law

18  enforcement officer to relinquish goods to a shipper is not a

19  waiver or finding of fact regarding any right to seek further

20  payment from the shipper.

21         (2)  Except as provided in subsection (1), any person

22  or business that violates this act commits a misdemeanor of

23  the first degree, punishable as provided in s. 775.082 or s.

24  775.083, Florida Statutes.

25         Section 12.  General Inspection Trust Fund;

26  payments.--Any moneys recovered by the department as a penalty

27  under this act shall be deposited in the General Inspection

28  Trust Fund.

29         Section 13.  Local regulation.--The provisions of this

30  act are not intended to preempt local ordinances or

31  regulations of a county or municipality that regulate

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                                                   HOUSE AMENDMENT

    717-130AXE-02                               Bill No. CS/HB 893

    Amendment No. 2 (for drafter's use only)





  1  transactions relating to movers of household goods. As

  2  provided in section 3(4), counties and municipalities may

  3  require, levy, or collect any registration fee or tax or

  4  require the registration or bonding in any manner of any

  5  mover. The department may enter into a cooperative agreement

  6  with any county or municipality that provides for the

  7  referral, investigation, and prosecution of consumer

  8  complaints alleging violations of this act.

  9         Section 14.  This act shall take effect July 1, 2002.

10

11

12  ================ T I T L E   A M E N D M E N T ===============

13  And the title is amended as follows:

14  remove:  the entire title

15

16  and insert:

17                      A bill to be entitled

18         An act relating to regulation of movers;

19         providing definitions; providing construction,

20         intent, and application; providing for

21         registration with the Department of Agriculture

22         and Consumer Services; authorizing the

23         department to adopt rules; providing for fees;

24         providing for display of certain information;

25         providing for local registration; providing

26         requirements, procedures, criteria, and

27         limitations; authorizing the department to

28         charge certain fees; providing for denial of or

29         refusal to renew registration; requiring cargo

30         legal liability valuation and insurance

31         coverage; requiring estimates of moving costs;

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                                                   HOUSE AMENDMENT

    717-130AXE-02                               Bill No. CS/HB 893

    Amendment No. 2 (for drafter's use only)





  1         providing requirements and criteria; providing

  2         for delivery and storage of household goods;

  3         specifying violations; providing that certain

  4         violations constitute deceptive and unfair

  5         trade practices; providing penalties; providing

  6         for relief; providing for deposit of funds;

  7         providing for local regulation; providing for

  8         enforcement by the department under cooperative

  9         agreements with local governments; providing an

10         effective date.

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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