Senate Bill sb2150

    Florida Senate - 2004                                  SB 2150

    By Senator Lynn





    7-1831A-04                                              See HB

  1                      A bill to be entitled

  2         An act relating to moving services; amending s.

  3         507.03, F.S.; revising mover registration

  4         requirements; providing for proof of bond,

  5         certificate of deposit, or letter of credit in

  6         lieu of proof of insurance coverage; amending

  7         s. 507.04, F.S.; revising requirement to

  8         maintain cargo legal liability coverage;

  9         providing for bond, certificate of deposit, or

10         letter of credit in lieu of insurance coverage

11         for a mover operating a certain number of

12         vehicles; limiting use of such bond,

13         certificate of deposit, or letter of credit to

14         claims adjudicated by the Department of

15         Agriculture and Consumer Services; providing

16         that aggregate payout by the department for all

17         claims shall not exceed amount of the bond,

18         certificate of deposit, or letter of credit;

19         providing an effective date.

20  

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

22  

23         Section 1.  Subsections (1) and (9) of section 507.03,

24  Florida Statutes, are amended to read:

25         507.03  Registration.--

26         (1)  Each mover shall annually register with the

27  department, providing its legal business and trade name,

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

29  addresses, and telephone numbers of its owners or corporate

30  officers and directors and the Florida agent of the

31  corporation; a statement whether it is a domestic or foreign

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






    Florida Senate - 2004                                  SB 2150
    7-1831A-04                                              See HB




 1  corporation, its state and date of incorporation, its charter

 2  number, and, if a foreign corporation, the date it registered

 3  with the State of Florida, and occupational license where

 4  applicable; the date on which a mover registered its

 5  fictitious name if the mover is operating under a fictitious

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

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

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

 9  the preceding 5 years; and proof of bonding or insurance

10  coverage as required by this act.

11         (9)  Each mover shall provide evidence of current and

12  valid insurance coverage or a bond, certificate of deposit, or

13  letter of credit as described in s. 507.04.

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

15  507.04, Florida Statutes, is amended to read:

16         507.04  Cargo legal liability valuation and insurance

17  coverage.--

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

19  current and valid cargo legal liability valuation and

20  insurance coverage which includes:

21         (a)1.  For a mover operating three or more vehicles,

22  coverage for cargo legal liability for loss or damage to

23  household goods arising or resulting from the negligence of

24  the mover, its employees, or its agents, in an amount not less

25  than $10,000 per shipment.

26         2.  A mover who operates fewer than three vehicles

27  shall have the option of maintaining the cargo legal liability

28  described in this paragraph or maintaining a performance bond

29  in the amount of $25,000. The surety on such bond shall be a

30  surety company authorized to do business in the state. In lieu

31  of the bond required in this subparagraph, the mover may

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






    Florida Senate - 2004                                  SB 2150
    7-1831A-04                                              See HB




 1  establish a certificate of deposit or an irrevocable letter of

 2  credit in a Florida banking institution in the amount of the

 3  bond. The original bond, certificate of deposit, or letter of

 4  credit shall be filed with the department, and the department

 5  shall be the beneficiary to said document. The bond,

 6  certificate of deposit, or letter of credit shall be in favor

 7  of the department for the use and benefit of any consumer who

 8  is injured by the fraud, misrepresentation, breach of

 9  contract, or financial failure of the mover, or by the

10  violation of any provision of this chapter by the mover. Such

11  liability may be enforced either by proceeding in an

12  administrative action or by filing a judicial suit at law in a

13  court of competent jurisdiction. However, in such court suit,

14  the bond, certificate of deposit, or letter of credit posted

15  with the department shall not be amenable or subject to any

16  judgment or other legal process issuing out of or from such

17  court in connection with such lawsuit, but such bond,

18  certificate of deposit, or letter of credit shall be amenable

19  to and enforceable only by and through administrative

20  proceedings before the department. It is the intent of the

21  Legislature that such bond, certificate of deposit, or letter

22  of credit shall be applicable and liable only for the payment

23  of claims duly adjudicated by order of the department. The

24  bond, certificate of deposit, or letter of credit shall be

25  open to successive claims, but the aggregate amount may not

26  exceed the amount of the bond, certificate of deposit, or

27  letter of credit.

28         Section 3.  This act shall take effect upon becoming a

29  law.

30  

31  

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