| 1 | A bill to be entitled |
| 2 | An act relating to moving services; amending s. 507.03, |
| 3 | F.S.; revising mover registration requirements; providing |
| 4 | for proof of bond, certificate of deposit, or letter of |
| 5 | credit in lieu of proof of insurance coverage; amending s. |
| 6 | 507.04, F.S.; revising requirement to maintain cargo legal |
| 7 | liability coverage; providing for bond, certificate of |
| 8 | deposit, or letter of credit in lieu of insurance coverage |
| 9 | for a mover operating a certain number of vehicles; |
| 10 | limiting use of such bond, certificate of deposit, or |
| 11 | letter of credit to claims adjudicated by the Department |
| 12 | of Agriculture and Consumer Services; providing that |
| 13 | aggregate payout by the department for all claims shall |
| 14 | not exceed amount of the bond, certificate of deposit, or |
| 15 | letter of credit; providing an effective date. |
| 16 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 19 | Section 1. Subsections (1) and (9) of section 507.03, |
| 20 | Florida Statutes, are amended to read: |
| 21 | 507.03 Registration.-- |
| 22 | (1) Each mover shall annually register with the |
| 23 | department, providing its legal business and trade name, mailing |
| 24 | address, and business locations; the full names, addresses, and |
| 25 | telephone numbers of its owners or corporate officers and |
| 26 | directors and the Florida agent of the corporation; a statement |
| 27 | whether it is a domestic or foreign corporation, its state and |
| 28 | date of incorporation, its charter number, and, if a foreign |
| 29 | corporation, the date it registered with the State of Florida, |
| 30 | and occupational license where applicable; the date on which a |
| 31 | mover registered its fictitious name if the mover is operating |
| 32 | under a fictitious or trade name; the name of all other |
| 33 | corporations, business entities, and trade names through which |
| 34 | each owner of the mover operated, was known, or did business as |
| 35 | a mover within the preceding 5 years; and proof of bonding or |
| 36 | insurance coverage as required by this act. |
| 37 | (9) Each mover shall provide evidence of current and valid |
| 38 | insurance coverage or a bond, certificate of deposit, or letter |
| 39 | of credit as described in s. 507.04. |
| 40 | Section 2. Paragraph (a) of subsection (1) of section |
| 41 | 507.04, Florida Statutes, is amended to read: |
| 42 | 507.04 Cargo legal liability valuation and insurance |
| 43 | coverage.-- |
| 44 | (1) A mover operating in this state shall maintain current |
| 45 | and valid cargo legal liability valuation and insurance coverage |
| 46 | which includes: |
| 47 | (a)1. For a mover operating three or more vehicles, |
| 48 | coverage for cargo legal liability for loss or damage to |
| 49 | household goods arising or resulting from the negligence of the |
| 50 | mover, its employees, or its agents, in an amount not less than |
| 51 | $10,000 per shipment. |
| 52 | 2. A mover who operates fewer than three vehicles shall |
| 53 | have the option of maintaining the cargo legal liability |
| 54 | described in this paragraph or maintaining a performance bond in |
| 55 | the amount of $25,000. The surety on such bond shall be a surety |
| 56 | company authorized to do business in the state. In lieu of the |
| 57 | bond required in this subparagraph, the mover may establish a |
| 58 | certificate of deposit or an irrevocable letter of credit in a |
| 59 | Florida banking institution in the amount of the bond. The |
| 60 | original bond, certificate of deposit, or letter of credit shall |
| 61 | be filed with the department, and the department shall be the |
| 62 | beneficiary to said document. The bond, certificate of deposit, |
| 63 | or letter of credit shall be in favor of the department for the |
| 64 | use and benefit of any consumer who is injured by the fraud, |
| 65 | misrepresentation, breach of contract, or financial failure of |
| 66 | the mover, or by the violation of any provision of this section |
| 67 | by the mover. Such liability may be enforced either by |
| 68 | proceeding in an administrative action or by filing a judicial |
| 69 | suit at law in a court of competent jurisdiction. However, in |
| 70 | such court suit, the bond, certificate of deposit, or letter of |
| 71 | credit posted with the department shall not be amenable or |
| 72 | subject to any judgment or other legal process issuing out of or |
| 73 | from such court in connection with such lawsuit, but such bond, |
| 74 | certificate of deposit, or letter of credit shall be amenable to |
| 75 | and enforceable only by and through administrative proceedings |
| 76 | before the department. It is the intent of the Legislature that |
| 77 | such bond, certificate of deposit, or letter of credit shall be |
| 78 | applicable and liable only for the payment of claims duly |
| 79 | adjudicated by order of the department. The bond, certificate of |
| 80 | deposit, or letter of credit shall be open to successive claims, |
| 81 | but the aggregate amount may not exceed the amount of the bond, |
| 82 | certificate of deposit, or letter of credit. |
| 83 | Section 3. This act shall take effect upon becoming a law. |