1 | The Committee on Appropriations recommends the following: |
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3 | Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to moving services; amending s. 507.03, |
7 | F.S.; revising mover registration requirements; providing |
8 | for proof of bond or certificate of deposit in lieu of |
9 | proof of insurance coverage; amending s. 507.04, F.S.; |
10 | revising a requirement to maintain cargo legal liability |
11 | coverage; providing for bond or certificate of deposit in |
12 | lieu of insurance coverage for a mover operating a certain |
13 | number of vehicles; limiting use of such bond or |
14 | certificate of deposit to claims adjudicated by the |
15 | Department of Agriculture and Consumer Services; providing |
16 | that aggregate payout by the department for all claims |
17 | shall not exceed the amount of the bond or certificate of |
18 | deposit; providing for revocation of a mover's license for |
19 | failure to maintain the required bond or certificate of |
20 | deposit; providing an effective date. |
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22 | Be It Enacted by the Legislature of the State of Florida: |
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24 | Section 1. Subsections (1) and (9) of section 507.03, |
25 | Florida Statutes, are amended to read: |
26 | 507.03 Registration.-- |
27 | (1) Each mover shall annually register with the |
28 | department, providing its legal business and trade name, mailing |
29 | address, and business locations; the full names, addresses, and |
30 | telephone numbers of its owners or corporate officers and |
31 | directors and the Florida agent of the corporation; a statement |
32 | whether it is a domestic or foreign corporation, its state and |
33 | date of incorporation, its charter number, and, if a foreign |
34 | corporation, the date it registered with the State of Florida, |
35 | and occupational license where applicable; the date on which a |
36 | mover registered its fictitious name if the mover is operating |
37 | under a fictitious or trade name; the name of all other |
38 | corporations, business entities, and trade names through which |
39 | each owner of the mover operated, was known, or did business as |
40 | a mover within the preceding 5 years; and proof of bonding or |
41 | insurance coverage as required by this act. |
42 | (9) Each mover shall provide evidence of current and valid |
43 | insurance coverage or a bond or certificate of deposit as |
44 | described in s. 507.04. |
45 | Section 2. Paragraph (a) of subsection (1) of section |
46 | 507.04, Florida Statutes, is amended to read: |
47 | 507.04 Cargo legal liability valuation and insurance |
48 | coverage.-- |
49 | (1) A mover operating in this state shall maintain current |
50 | and valid cargo legal liability valuation and insurance coverage |
51 | which includes: |
52 | (a)1. For a mover operating three or more vehicles, |
53 | coverage for cargo legal liability for loss or damage to |
54 | household goods arising or resulting from the negligence of the |
55 | mover, its employees, or its agents, in an amount not less than |
56 | $10,000 per shipment. |
57 | 2. A mover who operates fewer than three vehicles shall |
58 | have the option of maintaining the cargo legal liability |
59 | described in this paragraph or maintaining a performance bond in |
60 | the amount of $25,000. The surety on such bond shall be a surety |
61 | company authorized to do business in the state. In lieu of the |
62 | bond required in this subparagraph, the mover may establish a |
63 | certificate of deposit in a Florida banking institution in the |
64 | amount of the bond. The original bond or certificate of deposit |
65 | shall be filed with the department and the department shall be |
66 | the beneficiary to said document. The bond or certificate of |
67 | deposit shall be in favor of the department for the use and |
68 | benefit of any consumer who is injured by the fraud, |
69 | misrepresentation, breach of contract, or financial failure of |
70 | the mover or by the violation of any provision of this section |
71 | by the mover. Such liability may be enforced either by |
72 | proceeding in an administrative action or by filing a judicial |
73 | suit at law in a court of competent jurisdiction. However, in |
74 | such court suit, the bond or certificate of deposit posted with |
75 | the department shall not be amenable or subject to any judgment |
76 | or other legal process issuing out of or from such court in |
77 | connection with such lawsuit, but such bond or certificate of |
78 | deposit shall be amenable to and enforceable only by and through |
79 | administrative proceedings before the department. It is the |
80 | intent of the Legislature that such bond or certificate of |
81 | deposit shall be applicable and liable only for the payment of |
82 | claims duly adjudicated by order of the department. The bond or |
83 | certificate of deposit shall be open to successive claims, but |
84 | the aggregate amount may not exceed the amount of the bond or |
85 | certificate of deposit. If proceeds from a bond or certificate |
86 | of deposit are exhausted, the mover must obtain and maintain an |
87 | additional bond or certificate of deposit in the amount of |
88 | $25,000. Failure to do so shall result in the department |
89 | revoking the license of the mover. |
90 | Section 3. This act shall take effect upon becoming a law. |