HB 0967CS

CHAMBER ACTION




1The Committee on Appropriations recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to moving services; amending s. 507.03,
7F.S.; revising mover registration requirements; providing
8for proof of bond or certificate of deposit in lieu of
9proof of insurance coverage; amending s. 507.04, F.S.;
10revising a requirement to maintain cargo legal liability
11coverage; providing for bond or certificate of deposit in
12lieu of insurance coverage for a mover operating a certain
13number of vehicles; limiting use of such bond or
14certificate of deposit to claims adjudicated by the
15Department of Agriculture and Consumer Services; providing
16that aggregate payout by the department for all claims
17shall not exceed the amount of the bond or certificate of
18deposit; providing for revocation of a mover's license for
19failure to maintain the required bond or certificate of
20deposit; providing an effective date.
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22Be 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,
25Florida Statutes, are amended to read:
26     507.03  Registration.--
27     (1)  Each mover shall annually register with the
28department, providing its legal business and trade name, mailing
29address, and business locations; the full names, addresses, and
30telephone numbers of its owners or corporate officers and
31directors and the Florida agent of the corporation; a statement
32whether it is a domestic or foreign corporation, its state and
33date of incorporation, its charter number, and, if a foreign
34corporation, the date it registered with the State of Florida,
35and occupational license where applicable; the date on which a
36mover registered its fictitious name if the mover is operating
37under a fictitious or trade name; the name of all other
38corporations, business entities, and trade names through which
39each owner of the mover operated, was known, or did business as
40a mover within the preceding 5 years; and proof of bonding or
41insurance coverage as required by this act.
42     (9)  Each mover shall provide evidence of current and valid
43insurance coverage or a bond or certificate of deposit as
44described in s. 507.04.
45     Section 2.  Paragraph (a) of subsection (1) of section
46507.04, Florida Statutes, is amended to read:
47     507.04  Cargo legal liability valuation and insurance
48coverage.--
49     (1)  A mover operating in this state shall maintain current
50and valid cargo legal liability valuation and insurance coverage
51which includes:
52     (a)1.  For a mover operating three or more vehicles,
53coverage for cargo legal liability for loss or damage to
54household goods arising or resulting from the negligence of the
55mover, 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
58have the option of maintaining the cargo legal liability
59described in this paragraph or maintaining a performance bond in
60the amount of $25,000. The surety on such bond shall be a surety
61company authorized to do business in the state. In lieu of the
62bond required in this subparagraph, the mover may establish a
63certificate of deposit in a Florida banking institution in the
64amount of the bond. The original bond or certificate of deposit
65shall be filed with the department and the department shall be
66the beneficiary to said document. The bond or certificate of
67deposit shall be in favor of the department for the use and
68benefit of any consumer who is injured by the fraud,
69misrepresentation, breach of contract, or financial failure of
70the mover or by the violation of any provision of this section
71by the mover. Such liability may be enforced either by
72proceeding in an administrative action or by filing a judicial
73suit at law in a court of competent jurisdiction. However, in
74such court suit, the bond or certificate of deposit posted with
75the department shall not be amenable or subject to any judgment
76or other legal process issuing out of or from such court in
77connection with such lawsuit, but such bond or certificate of
78deposit shall be amenable to and enforceable only by and through
79administrative proceedings before the department. It is the
80intent of the Legislature that such bond or certificate of
81deposit shall be applicable and liable only for the payment of
82claims duly adjudicated by order of the department. The bond or
83certificate of deposit shall be open to successive claims, but
84the aggregate amount may not exceed the amount of the bond or
85certificate of deposit. If proceeds from a bond or certificate
86of deposit are exhausted, the mover must obtain and maintain an
87additional bond or certificate of deposit in the amount of
88$25,000. Failure to do so shall result in the department
89revoking the license of the mover.
90     Section 3.  This act shall take effect upon becoming a law.


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