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

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