HB 0757

1	A bill to be entitled
2	An act relating to household moving services; requesting
3	the Division of Statutory Revision to redesignate the
4	title of ch. 507, F.S.; amending s. 507.01, F.S.; revising
5	definitions; defining "household move," "moving broker,"
6	and "moving container"; clarifying licensing requirements
7	for household movers and moving brokers; applying the
8	licensing requirements to moving brokers and certain
9	persons who transport or ship household goods in moving
10	containers; clarifying and conforming provisions; amending
11	s. 507.02, F.S.; clarifying the construction, application,
12	and intent of the licensing requirements; amending s.
13	507.03, F.S.; requiring moving brokers to register with
14	the Department of Agriculture and Consumer Services;
15	providing requirements and fees for such registration;
16	providing for certificate of registration; requiring
17	display of the certificate; clarifying registration
18	requirements for household movers and moving brokers;
19	requiring brokers to obtain local registration or license
20	when required by the county or municipality where the
21	broker's principal place of business is located; deleting
22	provisions for issuance by the department of a certificate
23	of registration when a mover submits proof of local
24	license or registration; revising advertising
25	requirements; requiring a mover's vehicles to display
26	certain signage; providing for denial, refusal to renew,
27	or revocation of registration of mover or moving broker;
28	requiring brokers to provide evidence of certain insurance
29	coverage; revising requirement for mover to provide
30	evidence of certain insurance coverage; amending s.
31	507.04, F.S.; clarifying requirements that a mover
32	maintain certain insurance coverages; requiring a mover to
33	submit evidence of liability insurance before
34	registration; providing requirements for liability
35	insurance coverage; authorizing the Department of
36	Agriculture and Consumer Services to suspend a mover's
37	registration and seek an injunction in circuit court if
38	the mover fails to maintain insurance coverage; providing
39	penalties; authorizing certain movers and requiring moving
40	brokers to maintain a performance bond or certificate of
41	deposit in lieu of certain liability insurance coverage;
42	providing requirements for the performance bond or
43	certificate of deposit; providing for payment of claims
44	pursuant to department order in an administrative
45	proceeding; specifying that insurance coverages must be
46	issued by a licensed insurance company or carrier;
47	prohibiting certain limits of liability for a mover's loss
48	or damage of a shipper's goods; requiring certain
49	disclosures of liability limitations; authorizing a mover
50	to offer valuation coverage under specified conditions;
51	providing that valuation coverage meeting specified
52	conditions satisfies certain liability of a mover;
53	requiring certain disclosures of valuation coverage;
54	amending s. 507.06, F.S.; revising provisions for delivery
55	and storage of household goods; amending s. 507.07, F.S.;
56	requiring that moving brokers annually register with the
57	department; revising provisions relating to prohibited
58	acts and violations; specifying that the making of certain
59	false statements is a violation of ch. 507, F.S.,
60	regardless of whether the statements are material;
61	clarifying and conforming provisions; amending s. 507.11,
62	F.S.; providing penalties; amending ss. 507.05, 507.08,
63	507.09, 507.10, 507.12, and 507.13, F.S., relating to
64	estimates and contracts for service, deceptive and unfair
65	trade practice, administrative remedies and penalties,
66	civil penalties and remedies, General Inspection Trust
67	Fund, and local regulation; providing for application to
68	moving brokers; clarifying and conforming provisions;
69	providing for the adoption of rules; amending s. 120.80,
70	F.S.; exempting certain proceedings conducted by the
71	Department of Agriculture and Consumer Services from the
72	hearing requirements of the Administrative Procedure Act;
73	creating s. 205.1975, F.S.; prohibiting a county or
74	municipality from issuing or renewing an occupational
75	license to a mover or moving broker under certain
76	circumstances; providing an effective date.
77
78	Be It Enacted by the Legislature of the State of Florida:
79
80	Section 1.  The Division of Statutory Revision is requested
81	to redesignate the title of chapter 507, Florida Statutes, as
82	"HOUSEHOLD MOVING SERVICES."
83	Section 2.  Section 507.01, Florida Statutes, is amended to
84	read:
85	507.01  Definitions.--As used in For the purposes of this
86	chapter act, the term:
87	(1)  "Accessorial services" means any service performed by
88	a mover which results in a charge to the shipper and is
89	incidental to the transportation or shipment of household goods
90	service, including, but not limited to, valuation coverage;
91	preparation of written inventory; equipment, including dollies,
92	hand trucks, pads, blankets, and straps; storage, packing,
93	unpacking, or crating of articles; hoisting or lowering; waiting
94	time; long carry, which is defined as carrying articles
95	excessive distances to or from between the mover's vehicle,
96	which may be cited as "long carry" and the residence; overtime
97	loading and unloading; reweighing; disassembly or reassembly;
98	elevator or stair carrying; boxing or servicing of appliances;
99	and furnishing of packing or crating materials. The term
100	includes Accessorial services also include services not
101	performed by the mover but performed by a third party at the
102	request of the shipper or mover, if the charges for these such
103	services are to be paid to the mover by the shipper at or before
104	prior to the time of delivery.
105	(2)  "Advertise" means to advise, announce, give notice of,
106	publish, or call attention by use of oral, written, or graphic
107	statement made in a newspaper or other publication or on radio
108	or television, any electronic medium, or contained in any
109	notice, handbill, sign, including signage on vehicle, flyer,
110	catalog or letter, or printed on or contained in any tag or
111	label attached to or accompanying any good.
112	(3)  "Compensation" means money, fee, emolument, quid pro
113	quo, barter, remuneration, pay, reward, indemnification, or
114	satisfaction.
115	(4)  "Contract for service" or "bill of lading" means a
116	written document approved by the shipper in writing before prior
117	to the performance of any service which authorizes services from
118	the named mover and lists the services and all costs associated
119	with the transportation of household move goods and accessorial
120	services to be performed.
121	(5)  "Department" means the Department of Agriculture and
122	Consumer Services.
123	(6)  "Estimate" means a written document that which sets
124	forth the total costs, cost and describes the basis of those
125	such costs, relating related to a shipper's household move,
126	including which shall include, but not be limited to, the
127	loading, transportation or shipment, and unloading of household
128	goods and accessorial services.
129	(7)  "Household goods" or "goods" means personal effects or
130	other personal property found in a home, personal residence,
131	storage facility, or other dwelling location, including, but not
132	limited to, household furniture. The term property in a
133	storehouse or warehouse facility that is owned or rented by a
134	shipper or shipper's agent, but does not include freight or
135	personal property moving to or from a factory, store, or other
136	place of business.
137	(8)  "Household move" or "move" means the loading of
138	household goods into a vehicle, moving container, or other mode
139	of transportation or shipment; the transportation or shipment of
140	those household goods; and the unloading of those household
141	goods, when the transportation or shipment originates and
142	terminates at one of the following ultimate locations,
143	regardless of whether the mover temporarily stores the goods
144	while en route between the originating and terminating
145	locations:
146	(a)  From one dwelling to another dwelling;
147	(b)  From a dwelling to a storehouse or warehouse that is
148	owned or rented by the shipper or the shipper's agent; or
149	(c)  From a storehouse or warehouse that is owned or rented
150	by the shipper or the shipper's agent to a dwelling.
151	(9)(8)  "Mover" means a any person who, for compensation,
152	contracts for or engages in the loading, transportation or
153	shipment, or unloading of household goods as part of a household
154	move for compensation. The term does not include a postal,
155	courier, envelope, package, or freight service that does not
156	advertise itself as a mover or moving service.
157	(10)  "Moving broker" or "broker" means a person who, for
158	compensation, arranges for another person to load, transport or
159	ship, or unload household goods as part of a household move or
160	who, for compensation, refers a shipper to a mover by telephone,
161	postal or electronic mail, Internet website, or other means.
162	(11)  "Moving container" means a receptacle holding at
163	least 225 cubic feet of volume which is used to transport or
164	ship household goods as part of a household move.
165	(12)(9)  "Shipper" means a any person who uses the services
166	of a mover to transport or ship household goods as part of a
167	household move.
168	(13)(10)  "Storage" means the warehousing of a the
169	shipper's goods while under the care, custody, and control of
170	the mover.
171	Section 3.  Section 507.02, Florida Statutes, is amended to
172	read:
173	507.02  Construction; intent; application.--
174	(1)  The provisions of This chapter act shall be construed
175	liberally to:
176	(a)  Establish the law of this state governing the loading,
177	transportation or, shipment, unloading, and affiliated storage
178	of household goods as part of household moves.
179	(b)  Address household moving practices in this state in a
180	manner that is not inconsistent with federal law governing
181	relating to consumer protection.
182	(2)  The provisions of This chapter applies act shall apply
183	to the operations of any mover engaged in the intrastate
184	transportation or shipment of household goods originating in
185	this state and terminating in this state., except This chapter
186	does act shall not apply be construed to include shipments
187	contracted by the United States, the state, or any local
188	government or political subdivision of the state. The provisions
189	of this act shall only apply to the transportation of household
190	goods originating in this state and terminating in this state.
191	(3)  It is the intent of This chapter is intended act to
192	secure the satisfaction and confidence of shippers and members
193	of the public when using a mover.
194	(4)  Nothing in This chapter does not supersede act shall
195	be construed to remove the authority or jurisdiction of any
196	federal agency for with respect to goods or services regulated
197	or controlled under other provisions of law.
198	Section 4.  Section 507.03, Florida Statutes, is amended to
199	read:
200	507.03  Registration.--
201	(1)  Each mover and moving broker must shall annually
202	register with the department, providing its legal business and
203	trade name, mailing address, and business locations; the full
204	names, addresses, and telephone numbers of its owners or
205	corporate officers and directors and the Florida agent of the
206	corporation; a statement whether it is a domestic or foreign
207	corporation, its state and date of incorporation, its charter
208	number, and, if a foreign corporation, the date it registered
209	with the Department of State of Florida, and occupational
210	license where applicable; the date on which the a mover or
211	broker registered its fictitious name if the mover or broker is
212	operating under a fictitious or trade name; the name of all
213	other corporations, business entities, and trade names through
214	which each owner of the mover or broker operated, was known, or
215	did business as a mover or moving broker within the preceding 5
216	years; and proof of the insurance or alternative coverages
217	coverage as required under s. 507.04 by this act.
218	(2)  A certificate evidencing proof of registration shall
219	be issued by the department and must be prominently displayed in
220	the mover's or broker's primary place of business.
221	(3)  Registration fees shall be $300 per year per mover or
222	moving broker. All amounts collected shall be deposited by the
223	Chief Financial Officer to the credit of the General Inspection
224	Trust Fund of the department for the sole purpose of
225	administration of this chapter act.
226	(4)  Any mover or moving broker whose principal place of
227	business is located in a county or municipality that requires,
228	by local ordinance, a local license or registration to engage in
229	the business of moving and storage of household goods must shall
230	obtain the license or registration from the such county or
231	municipality. A mover or broker that obtains a such local
232	license or registration must shall also be required to pay the
233	state registration fee under subsection (3), and the department
234	shall issue the mover a state certificate of registration upon
235	submission of proof of the local license or registration by the
236	mover.
237	(5)  Each contract of a mover or moving broker must include
238	the phrase "(NAME OF FIRM) is registered with the State of
239	Florida as a Mover or Moving Broker. Registration No. ...."
240	(6)  Each advertisement of a mover must include the phrase
241	"Fla. Mover Reg. No. ...." or "Fla. IM No. ...." Each of the
242	mover's vehicles must clearly and conspicuously display a sign
243	on the driver's side door which includes at least one of these
244	phrases in lettering of at least 1.5 inches in height.
245	(7)  A No registration is not shall be valid for any mover
246	or broker transacting business at any place other than that
247	designated in the mover's or broker's its application, unless
248	the department is first notified in writing before in advance of
249	any change of location. A registration issued under this chapter
250	is act shall not be assignable, and the mover or broker may
251	shall not be permitted to conduct business under more than one
252	name except as registered. A mover or broker desiring to change
253	its registered name or location or designated agent for service
254	of process at a time other than upon renewal of registration
255	must shall notify the department of the such change.
256	(8)  The department may deny, or refuse to renew, or revoke
257	the registration of any mover or moving broker based upon a
258	determination that the mover or moving broker, or any of the
259	mover's or moving broker's its directors, officers, owners, or
260	general partners:
261	(a)  Has failed to meet the requirements for registration
262	as provided in this chapter act;
263	(b)  Has been convicted of a crime involving fraud,
264	dishonest dealing, or any other act of moral turpitude;
265	(c)  Has not satisfied a civil fine or penalty arising out
266	of any administrative or enforcement action brought by any
267	governmental agency or private person based upon conduct
268	involving fraud, dishonest dealing, or any violation of this
269	chapter act;
270	(d)  Has pending against him or her any criminal,
271	administrative, or enforcement proceedings in any jurisdiction,
272	based upon conduct involving fraud, dishonest dealing, or any
273	other act of moral turpitude; or
274	(e)  Has had a judgment entered against him or her in any
275	action brought by the department or the Department of Legal
276	Affairs under pursuant to this chapter act or ss. 501.201-
277	501.213, the Florida Deceptive and Unfair Trade Practices Act.
278	(9)  Each mover and moving broker shall provide evidence of
279	the current and valid insurance or alternative coverages
280	required under coverage as described in s. 507.04.
281	Section 5.  Section 507.04, Florida Statutes, is amended to
282	read:
283	(Substantial rewording of section. See
284	s. 507.04, F.S., for present text.)
285	507.04  Required insurance coverages; liability
286	limitations; valuation coverage.--
287	(1)  LIABILITY INSURANCE.--
288	(a)1.  Except as provided in paragraph (b), each mover
289	operating in this state must maintain current and valid
290	liability insurance coverage of at least $10,000 per shipment
291	for the loss or damage of household goods resulting from the
292	negligence of the mover or its employees or agents.
293	2.  The mover must provide the department with evidence of
294	liability insurance coverage before the mover is registered with
295	the department under s. 507.03. All insurance coverage
296	maintained by a mover must remain in effect throughout the
297	mover's registration period. A mover's failure to maintain
298	insurance coverage in accordance with this paragraph constitutes
299	an immediate threat to the public health, safety, and welfare.
300	If a mover fails to maintain insurance coverage, the department
301	may immediately suspend the mover's registration or eligibility
302	for registration and the mover must immediately cease operating
303	as a mover in this state. If a mover without insurance coverage
304	does not cease operating as a mover, the department may seek
305	from the appropriate circuit court an immediate injunction
306	prohibiting the mover from operating in this state until the
307	mover complies with this paragraph, a civil penalty not to
308	exceed $5,000, and court costs.
309	(b)  A mover that operates two or fewer vehicles, in lieu
310	of maintaining the liability insurance coverage required under
311	paragraph (a), may, and each moving broker must, maintain one of
312	the following alternative coverages:
313	1.  A performance bond in the amount of $25,000, for which
314	the surety of the bond must be a surety company authorized to
315	conduct business in this state; or
316	2.  A certificate of deposit in a Florida banking
317	institution in the amount of $25,000.
318
319	The original bond or certificate of deposit must be filed with
320	the department and must designate the department as the sole
321	beneficiary. The department must use the bond or certificate of
322	deposit exclusively for the payment of claims to consumers who
323	are injured by the fraud, misrepresentation, breach of contract,
324	or financial failure of the mover or moving broker or by a
325	violation of this chapter by the mover or broker. Liability for
326	these injuries may be determined in an administrative proceeding
327	of the department or through a civil action in a court of
328	competent jurisdiction. However, claims against the bond or
329	certificate of deposit must only be paid, in amounts not to
330	exceed the determined liability for these injuries, by order of
331	the department in an administrative proceeding. The bond or
332	certificate of deposit is subject to successive claims, but the
333	aggregate amount of these claims may not exceed the amount of
334	the bond or certificate of deposit.
335	(2)  MOTOR VEHICLE INSURANCE.--Each mover operating in this
336	state must maintain current and valid motor vehicle insurance
337	coverage, including combined bodily injury and property damage
338	liability coverage in the following minimum amounts:
339	(a)  Fifty thousand dollars per occurrence for a commercial
340	motor vehicle with a gross weight of less than 35,000 pounds.
341	(b)  One hundred thousand dollars per occurrence for a
342	commercial motor vehicle with a gross weight of more than 35,000
343	pounds, but less than 44,000 pounds.
344	(c)  Three hundred thousand dollars per occurrence for a
345	commercial motor vehicle with a gross weight of 44,000 pounds or
346	more.
347	(3)  INSURANCE COVERAGES.--The insurance coverages required
348	under paragraph (1)(a) and subsection (2) must be issued by an
349	insurance company or carrier licensed to transact business in
350	this state under the Florida Insurance Code as defined in s.
351	624.01. The department shall require a mover to present a
352	certificate of insurance of the required coverages before
353	issuance or renewal of a registration certificate under s.
354	507.03. The department shall be named as a certificateholder in
355	the certificate and must be notified at least 30 days before any
356	changes in insurance coverage.
357	(4)  LIABILITY LIMITATIONS; VALUATION RATES.--A mover may
358	not limit its liability for the loss or damage of household
359	goods to a valuation rate that is less than 60 cents per pound
360	per article. A provision of a contract for moving services is
361	void if the provision limits a mover's liability to a valuation
362	rate that is less than this minimum rate. If a mover limits its
363	liability for a shipper's goods, the mover must disclose the
364	limitation, including the valuation rate, to the shipper in
365	writing at the time that the estimate or contract for services
366	is executed and before any moving or accessorial services are
367	provided. The disclosure must also inform the shipper of the
368	opportunity to purchase valuation coverage if the mover offers
369	that coverage under subsection (5).
370	(5)  VALUATION COVERAGE.--A mover may offer valuation
371	coverage to compensate a shipper for the loss or damage of the
372	shipper's household goods that are lost or damaged during a
373	household move. If a mover offers valuation coverage, the
374	coverage must indemnify the shipper for at least the minimum
375	valuation rate required under subsection (4). The mover must
376	disclose the terms of the coverage to the shipper in writing at
377	the time that the estimate and contract for services is executed
378	and before any moving or accessorial services are provided. The
379	disclosure must inform the shipper of the cost of the valuation
380	coverage, the valuation rate of the coverage, and the
381	opportunity to reject the coverage. If valuation coverage
382	compensates a shipper for at least the minimum valuation rate
383	required under subsection (4), the coverage satisfies the
384	mover's liability for the minimum valuation rate.
385	Section 6.  Section 507.05, Florida Statutes, is amended to
386	read:
387	507.05  Estimates and contracts for service.--Before Prior
388	to providing any moving or accessorial services, a contract and
389	estimate must be provided to a prospective shipper in writing,
390	must be signed and dated by the shipper and the mover, and must
391	include:
392	(1)  The name, telephone number, and physical address where
393	the mover's employees are available during normal business
394	hours.
395	(2)  The date the contract or estimate is prepared and any
396	proposed date of the move.
397	(3)  The name and address of the shipper, the addresses
398	where the articles items are to be picked up and delivered, and
399	a telephone number where the shipper may be reached.
400	(4)  The name, telephone number, and physical address of
401	any location where the goods will be held pending further
402	transportation, including situations where the mover retains
403	possession of goods pending resolution of a fee dispute with the
404	shipper.
405	(5)  An itemized breakdown and description and total of all
406	costs and services for loading, transportation or shipment,
407	unloading, and accessorial services to be provided during a
408	household move or storage of household goods.
409	(6)  Acceptable forms of payment.  A mover shall accept a
410	minimum of two of the three following forms of payment:
411	(a)  Cash, cashier's check, money order, or traveler's
412	check;
413	(b)  Valid personal check, showing upon its face the name
414	and address of the shipper or authorized representative; or
415	(c)  Valid credit card, which shall include, but not be
416	limited to, Visa or MasterCard.
417
418	A mover must shall clearly and conspicuously disclose to the
419	shipper in the estimate and contract for services the forms of
420	payments the mover will accept, including the forms of payment
421	from those categories described in paragraphs (a)-(c).
422	Section 7.  Section 507.06, Florida Statutes, is amended to
423	read:
424	507.06  Delivery and storage of household goods.--
425	(1)  A mover must relinquish household goods to a shipper
426	and must place the goods inside a shipper's dwelling or, if
427	directed by the shipper, inside a storehouse or warehouse that
428	is owned or rented by the shipper or the shipper's agent, unless
429	the shipper has not tendered payment in the amount specified in
430	a written contract or estimate signed and dated by the shipper.
431	A mover may not refuse to relinquish prescription medicines and
432	goods for use by children, including children's furniture,
433	clothing, or toys, under any circumstances.
434	(2)  A mover may not refuse to relinquish household goods
435	to a shipper or fail to place the goods inside a shipper's
436	dwelling or, if directed by the shipper, inside a storehouse or
437	warehouse that is owned or rented by the shipper or the
438	shipper's agent, based on the mover's refusal to accept an
439	acceptable form of payment.
440	(3)  A mover that lawfully fails to relinquish a shipper's
441	household goods may place the goods in storage until payment is
442	tendered; however, the mover must notify the shipper of the
443	location where the goods are stored and the amount due within 5
444	days after receipt of a written request for that information
445	from the shipper, which request must include the address where
446	the shipper may receive the notice. A mover may not require a
447	prospective shipper to waive any rights or requirements under
448	this section.
449	Section 8.  Section 507.07, Florida Statutes, is amended to
450	read:
451	507.07  Violations.--It is a violation of this chapter act
452	to:
453	(1)  Conduct business as a mover or moving broker, or
454	advertise to engage in the business of moving or offering to
455	move, without first being registered annually with the
456	department.
457	(2)  Knowingly make any false statement, representation, or
458	certification in any application, document, or record required
459	to be submitted or retained under this chapter act.
460	(3)  Misrepresent or deceptively represent:
461	(a)  The contract for services, bill of lading, or
462	inventory of household goods for the move estimated.
463	(b)  The timeframe or schedule for delivery or storage of
464	household goods estimated.
465	(c)  The price, size, nature, extent, qualities, or
466	characteristics of accessorial or moving services offered.
467	(d)  The nature or extent of other goods, services, or
468	amenities offered.
469	(e)  A shipper's rights, privileges, or benefits.
470	(4)  Fail to honor and comply with all provisions of the
471	contract for services or bill of lading regarding the
472	purchaser's rights, benefits, and privileges thereunder.
473	(5)  Withhold delivery of household goods or in any way
474	hold goods in storage against the expressed wishes of the
475	shipper if payment has been made as delineated in the estimate
476	or contract for services.
477	(6)(a)  Include in any contract any provision purporting to
478	waive or limit any right or benefit provided to shippers under
479	this chapter act.
480	(b)  Seek or solicit a such waiver or acceptance of
481	limitation from a shipper concerning rights or benefits provided
482	under this chapter act.
483	(c)  Use a local mailing address, registration facility,
484	drop box, or answering service in the promotion, advertising,
485	solicitation, or sale of contracts, unless the mover's, and, if
486	applicable, the moving broker's, fixed business address is
487	clearly disclosed during any telephone solicitation and is
488	prominently and conspicuously disclosed on all solicitation
489	materials and on the contract.
490	(d)  Commit Do any other act of which constitutes fraud,
491	misrepresentation, or failure to disclose a material fact.
492	(e)  Refuse or fail, or for any of the mover's or broker's
493	principal officers to refuse or fail, after notice, to produce
494	any document or record or disclose any information required to
495	be produced or disclosed.
496	(f)  Knowingly make a material false statement in response
497	to any request or investigation by the department, the
498	Department of Legal Affairs, or the state attorney.
499	Section 9.  Section 507.08, Florida Statutes, is amended to
500	read:
501	507.08  Deceptive and unfair trade practice.--Acts,
502	conduct, practices, omissions, failings, misrepresentations, or
503	nondisclosures committed in which constitute a violation of this
504	chapter are act also constitute a deceptive and unfair trade
505	practices under practice for the purpose of ss. 501.201-501.213,
506	the Florida Deceptive and Unfair Trade Practices Act, and
507	administrative rules adopted in accordance with the act
508	thereunder.
509	Section 10.  Section 507.09, Florida Statutes, is amended
510	to read:
511	507.09  Administrative remedies; penalties.--
512	(1)  The department may enter an order doing one or more of
513	the following if the department finds that a mover or moving
514	broker, or a person employed or contracted by a mover or broker,
515	has violated or is operating in violation of any of the
516	provisions of this chapter act or the rules or orders issued in
517	accordance with this chapter thereunder:
518	(a)  Issuing a notice of noncompliance under pursuant to s.
519	120.695.
520	(b)  Imposing an administrative fine not to exceed $5,000
521	for each act or omission.
522	(c)  Directing that the person cease and desist specified
523	activities.
524	(d)  Refusing to register or revoking or suspending a
525	registration.
526	(e)  Placing the registrant on probation for a period of
527	time, subject to the such conditions specified by as the
528	department may specify.
529	(2)  The administrative proceedings which could result in
530	the entry of an order imposing any of the penalties specified in
531	subsection (1) are governed by chapter 120.
532	(3)  The department may has the authority to adopt rules
533	under ss. 120.536(1) and 120.54 pursuant to chapter 120 to
534	administer implement this chapter act.
535	Section 11.  Section 507.10, Florida Statutes, is amended
536	to read:
537	507.10  Civil penalties; remedies.--
538	(1)  The department may institute a civil action in a court
539	of competent jurisdiction to recover any penalties or damages
540	authorized allowed in this chapter act and for injunctive relief
541	to enforce compliance with this chapter act.
542	(2)  The department may seek a civil penalty of up to
543	$5,000 for each violation of this chapter act.
544	(3)  The department may seek restitution for and on behalf
545	of any shipper aggrieved or injured by a violation of this
546	chapter act.
547	(4)  Any provision in a contract for services or bill of
548	lading from a mover or moving broker that purports to waive,
549	limit, restrict, or avoid any of the duties, obligations, or
550	prescriptions of the mover or broker, as provided in this
551	chapter act, is void and unenforceable and against public
552	policy.
553	(5)  The remedies provided in this chapter act are in
554	addition to any other remedies available for the same conduct,
555	including those provided in local ordinances.
556	(6)  Upon motion of the department in any action brought
557	under this chapter act, the court may make appropriate orders,
558	including appointment of a master or receiver or sequestration
559	of assets, to reimburse shippers found to have been damaged, to
560	carry out a consumer transaction in accordance with the
561	shipper's reasonable expectations, or to grant other appropriate
562	relief.
563	Section 12.  Section 507.11, Florida Statutes, is amended
564	to read:
565	507.11  Criminal penalties.--
566	(1)  The refusal of a mover or a mover's employee, agent,
567	or contractor to comply with an order from a law enforcement
568	officer to relinquish a shipper's household goods after the
569	officer determines that the shipper has tendered payment of the
570	amount of a written estimate or contract, or after the officer
571	determines that the mover did not produce a signed estimate or
572	contract upon which demand is being made for payment, is a
573	felony of the third degree, punishable as provided in s.
574	775.082, s. 775.083, or s. 775.084. A mover's compliance with an
575	order from a law enforcement officer to relinquish goods to a
576	shipper is not a waiver or finding of fact regarding any right
577	to seek further payment from the shipper.
578	(2)  Except as provided in subsection (1), any person or
579	business that violates this chapter act commits a misdemeanor of
580	the first degree, punishable as provided in s. 775.082 or s.
581	775.083.
582	Section 13.  Section 507.12, Florida Statutes, is amended
583	to read:
584	507.12  General Inspection Trust Fund; payments.--Any
585	moneys recovered by the department as a penalty under this
586	chapter act shall be deposited in the General Inspection Trust
587	Fund.
588	Section 14.  Section 507.13, Florida Statutes, is amended
589	to read:
590	507.13  Local regulation.--
591	(1)  The provisions of This chapter does act are not
592	intended to preempt local ordinances or regulations of a county
593	or municipality which that regulate transactions relating to
594	movers of household goods or moving brokers. As provided in s.
595	507.03(4), counties and municipalities may require, levy, or
596	collect any registration fee or tax or require the registration
597	or bonding in any manner of any mover or moving broker.
598	(2)  The department may enter into a cooperative agreement
599	with any county or municipality which that provides for the
600	referral, investigation, and prosecution of consumer complaints
601	alleging violations of this chapter act.
602	Section 15.  Paragraph (d) is added to subsection (2) of
603	section 120.80, Florida Statutes, to read:
604	120.80  Exceptions and special requirements; agencies.--
605	(2)  DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES.--
606	(d)  Notwithstanding ss. 120.569-120.595, proceedings
607	conducted by the Department of Agriculture and Consumer Services
608	against a mover that fails to maintain required insurance
609	coverage under s. 507.04(1)(a)2. are exempt from the hearing
610	requirements of this chapter.
611	Section 16.  Section 205.1975, Florida Statutes, is created
612	to read:
613	205.1975  Household moving services; consumer
614	protection.--A county or municipality may not issue or renew an
615	occupational license for the operation of a mover or moving
616	broker under chapter 507 unless the mover or broker exhibits a
617	current registration from the Department of Agriculture and
618	Consumer Services.
619	Section 17.  This act shall take effect July 1, 2005.

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