| 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 or certificate of deposit in lieu of |
| 5 | proof of insurance coverage; amending s. 507.04, F.S.; |
| 6 | revising a requirement to maintain cargo legal liability |
| 7 | coverage; providing for bond or certificate of deposit in |
| 8 | lieu of insurance coverage for a mover operating a certain |
| 9 | number of vehicles; limiting use of such bond or |
| 10 | certificate of deposit to claims adjudicated by the |
| 11 | Department of Agriculture and Consumer Services; providing |
| 12 | that aggregate payout by the department for all claims |
| 13 | shall not exceed the amount of the bond or certificate of |
| 14 | deposit; providing for revocation of a mover's license for |
| 15 | failure to maintain the required bond or certificate of |
| 16 | deposit; providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Subsections (1) and (9) of section 507.03, |
| 21 | Florida Statutes, are amended to read: |
| 22 | 507.03 Registration.-- |
| 23 | (1) Each mover shall annually register with the |
| 24 | department, providing its legal business and trade name, mailing |
| 25 | address, and business locations; the full names, addresses, and |
| 26 | telephone numbers of its owners or corporate officers and |
| 27 | directors and the Florida agent of the corporation; a statement |
| 28 | whether it is a domestic or foreign corporation, its state and |
| 29 | date of incorporation, its charter number, and, if a foreign |
| 30 | corporation, the date it registered with the State of Florida, |
| 31 | and occupational license where applicable; the date on which a |
| 32 | mover registered its fictitious name if the mover is operating |
| 33 | under a fictitious or trade name; the name of all other |
| 34 | corporations, business entities, and trade names through which |
| 35 | each owner of the mover operated, was known, or did business as |
| 36 | a mover within the preceding 5 years; and proof of bonding or |
| 37 | insurance coverage as required by this act. |
| 38 | (9) Each mover shall provide evidence of current and valid |
| 39 | insurance coverage or a bond or certificate of deposit as |
| 40 | described in s. 507.04. |
| 41 | Section 2. Paragraph (a) of subsection (1) of section |
| 42 | 507.04, Florida Statutes, is amended to read: |
| 43 | 507.04 Cargo legal liability valuation and insurance |
| 44 | coverage.-- |
| 45 | (1) A mover operating in this state shall maintain current |
| 46 | and valid cargo legal liability valuation and insurance coverage |
| 47 | which includes: |
| 48 | (a)1. For a mover operating three or more vehicles, |
| 49 | coverage for cargo legal liability for loss or damage to |
| 50 | household goods arising or resulting from the negligence of the |
| 51 | mover, its employees, or its agents, in an amount not less than |
| 52 | $10,000 per shipment. |
| 53 | 2. A mover who operates fewer than three vehicles shall |
| 54 | have the option of maintaining the cargo legal liability |
| 55 | described in this paragraph or maintaining a performance bond in |
| 56 | the amount of $25,000. The surety on such bond shall be a surety |
| 57 | company authorized to do business in the state. In lieu of the |
| 58 | bond required in this subparagraph, the mover may establish a |
| 59 | certificate of deposit in a Florida banking institution in the |
| 60 | amount of the bond. The original bond or certificate of deposit |
| 61 | shall be filed with the department and the department shall be |
| 62 | the beneficiary to said document. The bond or certificate of |
| 63 | deposit shall be in favor of the department for the use and |
| 64 | 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 or certificate of deposit posted with |
| 71 | the department shall not be amenable or subject to any judgment |
| 72 | or other legal process issuing out of or from such court in |
| 73 | connection with such lawsuit, but such bond or certificate of |
| 74 | deposit shall be amenable to and enforceable only by and through |
| 75 | administrative proceedings before the department. It is the |
| 76 | intent of the Legislature that such bond or certificate of |
| 77 | deposit shall be applicable and liable only for the payment of |
| 78 | claims duly adjudicated by order of the department. The bond or |
| 79 | certificate of deposit shall be open to successive claims, but |
| 80 | the aggregate amount may not exceed the amount of the bond or |
| 81 | certificate of deposit. If proceeds from a bond or certificate |
| 82 | of deposit are exhausted, the mover must obtain and maintain an |
| 83 | additional bond or certificate of deposit in the amount of |
| 84 | $25,000. Failure to do so shall result in the department |
| 85 | revoking the license of the mover. |
| 86 | Section 3. This act shall take effect upon becoming a law. |