Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 970
                        Barcode 984872
                            CHAMBER ACTION
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11  The Committee on Transportation (Margolis) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  The Division of Statutory Revision is
19  requested to redesignate the title of chapter 507, Florida
20  Statutes, as "HOUSEHOLD MOVING SERVICES."
21         Section 2.  Section 507.01, Florida Statutes, is
22  amended to read:
23         507.01  Definitions.--As used in For the purposes of
24  this chapter act, the term:
25         (1)  "Accessorial services" means any service performed
26  by a mover which results in a charge to the shipper and is
27  incidental to the transportation or shipment of household
28  goods service, including, but not limited to, valuation
29  coverage; preparation of written inventory; equipment,
30  including dollies, hand trucks, pads, blankets, and straps;
31  storage, packing, unpacking, or crating of articles; hoisting
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 970 Barcode 984872 1 or lowering; waiting time; long carry, which is defined as 2 carrying articles excessive distances to or from between the 3 mover's vehicle, which may be cited as "long carry" and the 4 residence; overtime loading and unloading; reweighing; 5 disassembly or reassembly; elevator or stair carrying; boxing 6 or servicing of appliances; and furnishing of packing or 7 crating materials. The term includes Accessorial services also 8 include services not performed by the mover but performed by a 9 third party at the request of the shipper or mover, if the 10 charges for these such services are to be paid to the mover by 11 the shipper at or before prior to the time of delivery. 12 (2) "Advertise" means to advise, announce, give notice 13 of, publish, or call attention by use of oral, written, or 14 graphic statement made in a newspaper or other publication or 15 on radio or television, any electronic medium, or contained in 16 any notice, handbill, sign, including signage on vehicle, 17 flyer, catalog or letter, or printed on or contained in any 18 tag or label attached to or accompanying any good. 19 (3) "Compensation" means money, fee, emolument, quid 20 pro quo, barter, remuneration, pay, reward, indemnification, 21 or satisfaction. 22 (4) "Contract for service" or "bill of lading" means a 23 written document approved by the shipper in writing before 24 prior to the performance of any service which authorizes 25 services from the named mover and lists the services and all 26 costs associated with the transportation of household move 27 goods and accessorial services to be performed. 28 (5) "Department" means the Department of Agriculture 29 and Consumer Services. 30 (6) "Estimate" means a written document that which 31 sets forth the total costs, cost and describes the basis of 2 9:48 AM 04/15/05 s0970d-tr35-k0a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 970 Barcode 984872 1 those such costs, relating related to a shipper's household 2 move, including which shall include, but not be limited to, 3 the loading, transportation or shipment, and unloading of 4 household goods and accessorial services. 5 (7) "Household goods" or "goods" means personal 6 effects or other personal property commonly found in a home, 7 personal residence, storage facility, or other dwelling 8 location, including, but not limited to, household furniture. 9 The term property in a storehouse or warehouse facility that 10 is owned or rented by a shipper or shipper's agent, but does 11 not include freight or personal property moving to or from a 12 factory, store, or other place of business. 13 (8) "Household move" or "move" means the loading of 14 household goods into a vehicle, moving container, or other 15 mode of transportation or shipment; the transportation or 16 shipment of those household goods; and the unloading of those 17 household goods, when the transportation or shipment 18 originates and terminates at one of the following ultimate 19 locations, regardless of whether the mover temporarily stores 20 the goods while en route between the originating and 21 terminating locations: 22 (a) From one dwelling to another dwelling; 23 (b) From a dwelling to a storehouse or warehouse that 24 is owned or rented by the shipper or the shipper's agent; or 25 (c) From a storehouse or warehouse that is owned or 26 rented by the shipper or the shipper's agent to a dwelling. 27 (9)(8) "Mover" means a any person who, for 28 compensation, contracts for or engages in the loading, 29 transportation or shipment, or unloading of household goods as 30 part of a household move for compensation. The term does not 31 include a postal, courier, envelope, or package service that 3 9:48 AM 04/15/05 s0970d-tr35-k0a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 970 Barcode 984872 1 does not advertise itself as a mover or moving service. 2 (10) "Moving broker" or "broker" means a person who, 3 for compensation, arranges for another person to load, 4 transport or ship, or unload household goods as part of a 5 household move or who, for compensation, refers a shipper to a 6 mover by telephone, postal or electronic mail, Internet 7 website, or other means. 8 (11) "Moving container" means a receptacle holding at 9 least 225 cubic feet of volume which is used to transport or 10 ship household goods as part of a household move. 11 (12)(9) "Shipper" means a any person who uses the 12 services of a mover to transport or ship household goods as 13 part of a household move. 14 (13)(10) "Storage" means the warehousing of a the 15 shipper's goods while under the care, custody, and control of 16 the mover. 17 Section 3. Section 507.02, Florida Statutes, is 18 amended to read: 19 507.02 Construction; intent; application.-- 20 (1) The provisions of This chapter act shall be 21 construed liberally to: 22 (a) Establish the law of this state governing the 23 loading, transportation or, shipment, unloading, and 24 affiliated storage of household goods as part of household 25 moves. 26 (b) Address household moving practices in this state 27 in a manner that is not inconsistent with federal law 28 governing relating to consumer protection. 29 (2) The provisions of This chapter applies act shall 30 apply to the operations of any mover or moving broker engaged 31 in the intrastate transportation or shipment of household 4 9:48 AM 04/15/05 s0970d-tr35-k0a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 970 Barcode 984872 1 goods originating in this state and terminating in this 2 state., except This chapter does act shall not apply be 3 construed to include shipments contracted by the United 4 States, the state, or any local government or political 5 subdivision of the state. The provisions of this act shall 6 only apply to the transportation of household goods 7 originating in this state and terminating in this state. 8 (3) It is the intent of This chapter is intended act 9 to secure the satisfaction and confidence of shippers and 10 members of the public when using a mover. 11 (4) Nothing in This chapter does not supersede act 12 shall be construed to remove the authority or jurisdiction of 13 any federal agency for with respect to goods or services 14 regulated or controlled under other provisions of law. 15 Section 4. Section 507.03, Florida Statutes, is 16 amended to read: 17 507.03 Registration.-- 18 (1) Each mover and moving broker must shall annually 19 register with the department, providing its legal business and 20 trade name, mailing address, and business locations; the full 21 names, addresses, and telephone numbers of its owners or 22 corporate officers and directors and the Florida agent of the 23 corporation; a statement whether it is a domestic or foreign 24 corporation, its state and date of incorporation, its charter 25 number, and, if a foreign corporation, the date it registered 26 with the Department of State of Florida, and occupational 27 license where applicable; the date on which the a mover or 28 broker registered its fictitious name if the mover or broker 29 is operating under a fictitious or trade name; the name of all 30 other corporations, business entities, and trade names through 31 which each owner of the mover or broker operated, was known, 5 9:48 AM 04/15/05 s0970d-tr35-k0a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 970 Barcode 984872 1 or did business as a mover or moving broker within the 2 preceding 5 years; and proof of the insurance or alternative 3 coverages coverage as required under s. 507.04 by this act. 4 (2) A certificate evidencing proof of registration 5 shall be issued by the department and must be prominently 6 displayed in the mover's or broker's primary place of 7 business. 8 (3) Registration fees shall be $300 per year per mover 9 or moving broker. All amounts collected shall be deposited by 10 the Chief Financial Officer to the credit of the General 11 Inspection Trust Fund of the department for the sole purpose 12 of administration of this chapter act. 13 (4) Any mover or moving broker whose principal place 14 of business is located in a county or municipality that 15 requires, by local ordinance, a local license or registration 16 to engage in the business of moving and storage of household 17 goods must shall obtain the license or registration from the 18 such county or municipality. A mover or broker that obtains a 19 such local license or registration must shall also be required 20 to pay the state registration fee under subsection (3), and 21 the department shall issue the mover a state certificate of 22 registration upon submission of proof of the local license or 23 registration by the mover. 24 (5) Each contract of a mover or moving broker must 25 include the phrase "(NAME OF FIRM) is registered with the 26 State of Florida as a Mover or Moving Broker. Registration No. 27 ............................................................." 28 (6) Each advertisement of a mover or moving broker 29 must include the phrase "Fla. Mover Reg. No. ..." or "Fla. IM 30 No. ........................................................." 31 Each of the mover's vehicles must clearly and conspicuously 6 9:48 AM 04/15/05 s0970d-tr35-k0a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 970 Barcode 984872 1 display a sign on the driver's side door which includes at 2 least one of these phrases in lettering of at least 1.5 inches 3 in height. 4 (7) A No registration is not shall be valid for any 5 mover or broker transacting business at any place other than 6 that designated in the mover's or broker's its application, 7 unless the department is first notified in writing before in 8 advance of any change of location. A registration issued under 9 this chapter is act shall not be assignable, and the mover or 10 broker may shall not be permitted to conduct business under 11 more than one name except as registered. A mover or broker 12 desiring to change its registered name or location or 13 designated agent for service of process at a time other than 14 upon renewal of registration must shall notify the department 15 of the such change. 16 (8) The department may deny, or refuse to renew, or 17 revoke the registration of any mover or moving broker based 18 upon a determination that the mover or moving broker, or any 19 of the mover's or moving broker's its directors, officers, 20 owners, or general partners: 21 (a) Has failed to meet the requirements for 22 registration as provided in this chapter act; 23 (b) Has been convicted of a crime involving fraud, 24 dishonest dealing, or any other act of moral turpitude; 25 (c) Has not satisfied a civil fine or penalty arising 26 out of any administrative or enforcement action brought by any 27 governmental agency or private person based upon conduct 28 involving fraud, dishonest dealing, or any violation of this 29 chapter act; 30 (d) Has pending against him or her any criminal, 31 administrative, or enforcement proceedings in any 7 9:48 AM 04/15/05 s0970d-tr35-k0a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 970 Barcode 984872 1 jurisdiction, based upon conduct involving fraud, dishonest 2 dealing, or any other act of moral turpitude; or 3 (e) Has had a judgment entered against him or her in 4 any action brought by the department or the Department of 5 Legal Affairs under pursuant to this chapter act or ss. 6 501.201-501.213, the Florida Deceptive and Unfair Trade 7 Practices Act. 8 (9) Each mover and moving broker shall provide 9 evidence of the current and valid insurance or alternative 10 coverages required under coverage as described in s. 507.04. 11 Section 5. Section 507.04, Florida Statutes, is 12 amended to read: 13 (Substantial rewording of section. See 14 s. 507.04, F.S., for present text.) 15 507.04 Required insurance coverages; liability 16 limitations; valuation coverage.-- 17 (1) LIABILITY INSURANCE.-- 18 (a)1. Except as provided in paragraph (b), each mover 19 operating in this state must maintain current and valid 20 liability insurance coverage of at least $10,000 per shipment 21 for the loss or damage of household goods resulting from the 22 negligence of the mover or its employees or agents. 23 2. The mover must provide the department with evidence 24 of liability insurance coverage before the mover is registered 25 with the department under s. 507.03. All insurance coverage 26 maintained by a mover must remain in effect throughout the 27 mover's registration period. A mover's failure to maintain 28 insurance coverage in accordance with this paragraph 29 constitutes an immediate threat to the public health, safety, 30 and welfare. If a mover fails to maintain insurance coverage, 31 the department may immediately suspend the mover's 8 9:48 AM 04/15/05 s0970d-tr35-k0a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 970 Barcode 984872 1 registration or eligibility for registration and the mover 2 must immediately cease operating as a mover in this state. In 3 addition, and notwithstanding the availability of any 4 administrative relief pursuant to chapter 120, the department 5 may seek from the appropriate circuit court an immediate 6 injunction prohibiting the mover from operating in this state 7 until the mover complies with this paragraph and pays a civil 8 penalty not to exceed $5,000 and court costs. 9 (b) A mover that operates two or fewer vehicles, in 10 lieu of maintaining the liability insurance coverage required 11 under paragraph (a), may, and each moving broker must, 12 maintain one of the following alternative coverages: 13 1. A performance bond in the amount of $25,000, for 14 which the surety of the bond must be a surety company 15 authorized to conduct business in this state; or 16 2. A certificate of deposit in a Florida banking 17 institution in the amount of $25,000. 18 19 The original bond or certificate of deposit must be filed with 20 the department and must designate the department as the sole 21 beneficiary. The department must use the bond or certificate 22 of deposit exclusively for the payment of claims to consumers 23 who are injured by the fraud, misrepresentation, breach of 24 contract, misfeasance, malfeasance, or financial failure of 25 the mover or moving broker or by a violation of this chapter 26 by the mover or broker. Liability for these injuries may be 27 determined in an administrative proceeding of the department 28 or through a civil action in a court of competent 29 jurisdiction. However, claims against the bond or certificate 30 of deposit must be paid only, in amounts not to exceed the 31 determined liability for these injuries, by order of the 9 9:48 AM 04/15/05 s0970d-tr35-k0a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 970 Barcode 984872 1 department in an administrative proceeding. The bond or 2 certificate of deposit is subject to successive claims, but 3 the aggregate amount of these claims may not exceed the amount 4 of the bond or certificate of deposit. 5 (2) MOTOR VEHICLE INSURANCE.--Each mover operating in 6 this state must maintain current and valid motor vehicle 7 insurance coverage, including combined bodily injury and 8 property damage liability coverage in the following minimum 9 amounts: 10 (a) Fifty thousand dollars per occurrence for a 11 commercial motor vehicle with a gross weight of less than 12 35,000 pounds. 13 (b) One hundred thousand dollars per occurrence for a 14 commercial motor vehicle with a gross weight of 35,000 pounds 15 or more, but less than 44,000 pounds. 16 (c) Three hundred thousand dollars per occurrence for 17 a commercial motor vehicle with a gross weight of 44,000 18 pounds or more. 19 (3) INSURANCE COVERAGES.--The insurance coverages 20 required under paragraph (1)(a) and subsection (2) must be 21 issued by an insurance company or carrier licensed to transact 22 business in this state under the Florida Insurance Code as 23 defined in s. 624.01. The department shall require a mover to 24 present a certificate of insurance of the required coverages 25 before issuance or renewal of a registration certificate under 26 s. 507.03. The department shall be named as a 27 certificateholder in the certificate and must be notified at 28 least 30 days before any changes in insurance coverage. 29 (4) LIABILITY LIMITATIONS; VALUATION RATES.--A mover 30 may not limit its liability for the loss or damage of 31 household goods to a valuation rate that is less than 60 cents 10 9:48 AM 04/15/05 s0970d-tr35-k0a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 970 Barcode 984872 1 per pound per article. A provision of a contract for moving 2 services is void if the provision limits a mover's liability 3 to a valuation rate that is less than this minimum rate. If a 4 mover limits its liability for a shipper's goods, the mover 5 must disclose the limitation, including the valuation rate, to 6 the shipper in writing at the time that the estimate and 7 contract for services is executed and before any moving or 8 accessorial services are provided. The disclosure must also 9 inform the shipper of the opportunity to purchase valuation 10 coverage if the mover offers that coverage under subsection 11 (5). 12 (5) VALUATION COVERAGE.--A mover may offer valuation 13 coverage to compensate a shipper for the loss or damage of the 14 shipper's household goods that are lost or damaged during a 15 household move. If a mover offers valuation coverage, the 16 coverage must indemnify the shipper for at least the minimum 17 valuation rate required under subsection (4). The mover must 18 disclose the terms of the coverage to the shipper in writing 19 at the time that the estimate and contract for services is 20 executed and before any moving or accessorial services are 21 provided. The disclosure must inform the shipper of the cost 22 of the valuation coverage, the valuation rate of the coverage, 23 and the opportunity to reject the coverage. If valuation 24 coverage compensates a shipper for at least the minimum 25 valuation rate required under subsection (4), the coverage 26 satisfies the mover's liability for the minimum valuation 27 rate. 28 Section 6. Section 507.05, Florida Statutes, is 29 amended to read: 30 507.05 Estimates and contracts for service.--Before 31 Prior to providing any moving or accessorial services, a 11 9:48 AM 04/15/05 s0970d-tr35-k0a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 970 Barcode 984872 1 contract and estimate must be provided to a prospective 2 shipper in writing, must be signed and dated by the shipper 3 and the mover, and must include: 4 (1) The name, telephone number, and physical address 5 where the mover's employees are available during normal 6 business hours. 7 (2) The date the contract or estimate is prepared and 8 any proposed date of the move. 9 (3) The name and address of the shipper, the addresses 10 where the articles items are to be picked up and delivered, 11 and a telephone number where the shipper may be reached. 12 (4) The name, telephone number, and physical address 13 of any location where the goods will be held pending further 14 transportation, including situations where the mover retains 15 possession of goods pending resolution of a fee dispute with 16 the shipper. 17 (5) An itemized breakdown and description and total of 18 all costs and services for loading, transportation or 19 shipment, unloading, and accessorial services to be provided 20 during a household move or storage of household goods. 21 (6) Acceptable forms of payment. A mover shall accept 22 a minimum of two of the three following forms of payment: 23 (a) Cash, cashier's check, money order, or traveler's 24 check; 25 (b) Valid personal check, showing upon its face the 26 name and address of the shipper or authorized representative; 27 or 28 (c) Valid credit card, which shall include, but not be 29 limited to, Visa or MasterCard. 30 31 A mover must shall clearly and conspicuously disclose to the 12 9:48 AM 04/15/05 s0970d-tr35-k0a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 970 Barcode 984872 1 shipper in the estimate and contract for services the forms of 2 payments the mover will accept, including the forms of payment 3 from those categories described in paragraphs (a)-(c). 4 Section 7. Section 507.06, Florida Statutes, is 5 amended to read: 6 507.06 Delivery and storage of household goods.-- 7 (1) A mover must relinquish household goods to a 8 shipper and must place the goods inside a shipper's dwelling 9 or, if directed by the shipper, inside a storehouse or 10 warehouse that is owned or rented by the shipper or the 11 shipper's agent, unless the shipper has not tendered payment 12 in the amount specified in a written contract or estimate 13 signed and dated by the shipper. A mover may not refuse to 14 relinquish prescription medicines and goods for use by 15 children, including children's furniture, clothing, or toys, 16 under any circumstances. 17 (2) A mover may not refuse to relinquish household 18 goods to a shipper or fail to place the goods inside a 19 shipper's dwelling or, if directed by the shipper, inside a 20 storehouse or warehouse that is owned or rented by the shipper 21 or the shipper's agent, based on the mover's refusal to accept 22 an acceptable form of payment. 23 (3) A mover that lawfully fails to relinquish a 24 shipper's household goods may place the goods in storage until 25 payment is tendered; however, the mover must notify the 26 shipper of the location where the goods are stored and the 27 amount due within 5 days after receipt of a written request 28 for that information from the shipper, which request must 29 include the address where the shipper may receive the notice. 30 A mover may not require a prospective shipper to waive any 31 rights or requirements under this section. 13 9:48 AM 04/15/05 s0970d-tr35-k0a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 970 Barcode 984872 1 Section 8. Section 507.07, Florida Statutes, is 2 amended to read: 3 507.07 Violations.--It is a violation of this chapter 4 act to: 5 (1) Conduct business as a mover or moving broker, or 6 advertise to engage in the business of moving or offering to 7 move, without first being registered annually with the 8 department. 9 (2) Knowingly make any false statement, 10 representation, or certification in any application, document, 11 or record required to be submitted or retained under this 12 chapter act. 13 (3) Misrepresent or deceptively represent: 14 (a) The contract for services, bill of lading, or 15 inventory of household goods for the move estimated. 16 (b) The timeframe or schedule for delivery or storage 17 of household goods estimated. 18 (c) The price, size, nature, extent, qualities, or 19 characteristics of accessorial or moving services offered. 20 (d) The nature or extent of other goods, services, or 21 amenities offered. 22 (e) A shipper's rights, privileges, or benefits. 23 (4) Fail to honor and comply with all provisions of 24 the contract for services or bill of lading regarding the 25 purchaser's rights, benefits, and privileges thereunder. 26 (5) Withhold delivery of household goods or in any way 27 hold goods in storage against the expressed wishes of the 28 shipper if payment has been made as delineated in the estimate 29 or contract for services. 30 (6)(a) Include in any contract any provision 31 purporting to waive or limit any right or benefit provided to 14 9:48 AM 04/15/05 s0970d-tr35-k0a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 970 Barcode 984872 1 shippers under this chapter act. 2 (b) Seek or solicit a such waiver or acceptance of 3 limitation from a shipper concerning rights or benefits 4 provided under this chapter act. 5 (c) Use a local mailing address, registration 6 facility, drop box, or answering service in the promotion, 7 advertising, solicitation, or sale of contracts, unless the 8 mover's, and, if applicable, the moving broker's, fixed 9 business address is clearly disclosed during any telephone 10 solicitation and is prominently and conspicuously disclosed on 11 all solicitation materials and on the contract. 12 (d) Commit Do any other act of which constitutes 13 fraud, misrepresentation, or failure to disclose a material 14 fact. 15 (e) Refuse or fail, or for any of the mover's or 16 broker's principal officers to refuse or fail, after notice, 17 to produce any document or record or disclose any information 18 required to be produced or disclosed. 19 (f) Knowingly make a material false statement in 20 response to any request or investigation by the department, 21 the Department of Legal Affairs, or the state attorney. 22 Section 9. Section 507.08, Florida Statutes, is 23 amended to read: 24 507.08 Deceptive and unfair trade practice.--Acts, 25 conduct, practices, omissions, failings, misrepresentations, 26 or nondisclosures committed in which constitute a violation of 27 this chapter are act also constitute a deceptive and unfair 28 trade practices under practice for the purpose of ss. 29 501.201-501.213, the Florida Deceptive and Unfair Trade 30 Practices Act, and administrative rules adopted in accordance 31 with the act thereunder. 15 9:48 AM 04/15/05 s0970d-tr35-k0a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 970 Barcode 984872 1 Section 10. Section 507.09, Florida Statutes, is 2 amended to read: 3 507.09 Administrative remedies; penalties.-- 4 (1) The department may enter an order doing one or 5 more of the following if the department finds that a mover or 6 moving broker, or a person employed or contracted by a mover 7 or broker, has violated or is operating in violation of any of 8 the provisions of this chapter act or the rules or orders 9 issued in accordance with this chapter thereunder: 10 (a) Issuing a notice of noncompliance under pursuant 11 to s. 120.695. 12 (b) Imposing an administrative fine not to exceed 13 $5,000 for each act or omission. 14 (c) Directing that the person cease and desist 15 specified activities. 16 (d) Refusing to register or revoking or suspending a 17 registration. 18 (e) Placing the registrant on probation for a period 19 of time, subject to the such conditions specified by as the 20 department may specify. 21 (2) The administrative proceedings which could result 22 in the entry of an order imposing any of the penalties 23 specified in subsection (1) are governed by chapter 120. 24 (3) The department may has the authority to adopt 25 rules under ss. 120.536(1) and 120.54 pursuant to chapter 120 26 to administer implement this chapter act. 27 Section 11. Section 507.10, Florida Statutes, is 28 amended to read: 29 507.10 Civil penalties; remedies.-- 30 (1) The department may institute a civil action in a 31 court of competent jurisdiction to recover any penalties or 16 9:48 AM 04/15/05 s0970d-tr35-k0a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 970 Barcode 984872 1 damages authorized allowed in this chapter act and for 2 injunctive relief to enforce compliance with this chapter act. 3 (2) The department may seek a civil penalty of up to 4 $5,000 for each violation of this chapter act. 5 (3) The department may seek restitution for and on 6 behalf of any shipper aggrieved or injured by a violation of 7 this chapter act. 8 (4) Any provision in a contract for services or bill 9 of lading from a mover or moving broker that purports to 10 waive, limit, restrict, or avoid any of the duties, 11 obligations, or prescriptions of the mover or broker, as 12 provided in this chapter act, is void and unenforceable and 13 against public policy. 14 (5) The remedies provided in this chapter act are in 15 addition to any other remedies available for the same conduct, 16 including those provided in local ordinances. 17 (6) Upon motion of the department in any action 18 brought under this chapter act, the court may make appropriate 19 orders, including appointment of a master or receiver or 20 sequestration of assets, to reimburse shippers found to have 21 been damaged, to carry out a consumer transaction in 22 accordance with the shipper's reasonable expectations, or to 23 grant other appropriate relief. 24 Section 12. Section 507.11, Florida Statutes, is 25 amended to read: 26 507.11 Criminal penalties.-- 27 (1) The refusal of a mover or a mover's employee, 28 agent, or contractor to comply with an order from a law 29 enforcement officer to relinquish a shipper's household goods 30 after the officer determines that the shipper has tendered 31 payment of the amount of a written estimate or contract, or 17 9:48 AM 04/15/05 s0970d-tr35-k0a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 970 Barcode 984872 1 after the officer determines that the mover did not produce a 2 signed estimate or contract upon which demand is being made 3 for payment, is a felony of the third degree, punishable as 4 provided in s. 775.082, s. 775.083, or s. 775.084. A mover's 5 compliance with an order from a law enforcement officer to 6 relinquish goods to a shipper is not a waiver or finding of 7 fact regarding any right to seek further payment from the 8 shipper. 9 (2) Except as provided in subsection (1), any person 10 or business that violates this chapter act commits a 11 misdemeanor of the first degree, punishable as provided in s. 12 775.082 or s. 775.083. 13 Section 13. Section 507.12, Florida Statutes, is 14 amended to read: 15 507.12 General Inspection Trust Fund; payments.--Any 16 moneys recovered by the department as a penalty under this 17 chapter act shall be deposited in the General Inspection Trust 18 Fund. 19 Section 14. Section 507.13, Florida Statutes, is 20 amended to read: 21 507.13 Local regulation.-- 22 (1) The provisions of This chapter does act are not 23 intended to preempt local ordinances or regulations of a 24 county or municipality which that regulate transactions 25 relating to movers of household goods or moving brokers. As 26 provided in s. 507.03(4), counties and municipalities may 27 require, levy, or collect any registration fee or tax or 28 require the registration or bonding in any manner of any mover 29 or moving broker. 30 (2) The department may enter into a cooperative 31 agreement with any county or municipality which that provides 18 9:48 AM 04/15/05 s0970d-tr35-k0a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 970 Barcode 984872 1 for the referral, investigation, and prosecution of consumer 2 complaints alleging violations of this chapter act. 3 Section 15. Section 205.1975, Florida Statutes, is 4 created to read: 5 205.1975 Household moving services; consumer 6 protection.--A county or municipality may not issue or renew 7 an occupational license for the operation of a mover or moving 8 broker under chapter 507 unless the mover or broker exhibits a 9 current registration from the Department of Agriculture and 10 Consumer Services. 11 Section 16. This act shall take effect July 1, 2005. 12 13 14 ================ T I T L E A M E N D M E N T =============== 15 And the title is amended as follows: 16 Delete everything before the enacting clause 17 18 and insert: 19 A bill to be entitled 20 An act relating to household moving services; 21 requesting the Division of Statutory Revision 22 to redesignate the title of ch. 507, F.S.; 23 amending s. 507.01, F.S.; revising definitions; 24 defining "household move," "moving broker," and 25 "moving container"; clarifying licensing 26 requirements for household movers and moving 27 brokers; applying the licensing requirements to 28 moving brokers and certain persons who 29 transport or ship household goods in moving 30 containers; clarifying and conforming 31 provisions; amending s. 507.02, F.S.; 19 9:48 AM 04/15/05 s0970d-tr35-k0a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 970 Barcode 984872 1 clarifying the construction, application, and 2 intent of the licensing requirements; amending 3 s. 507.03, F.S.; requiring moving brokers to 4 register with the Department of Agriculture and 5 Consumer Services; providing requirements and 6 fees for such registration; providing for 7 certificate of registration; requiring display 8 of the certificate; clarifying registration 9 requirements for household movers and moving 10 brokers; requiring brokers to obtain local 11 registration or license when required by the 12 county or municipality where the broker's 13 principal place of business is located; 14 deleting provisions for issuance by the 15 department of a certificate of registration 16 when a mover submits proof of local license or 17 registration; revising advertising 18 requirements; requiring a mover's vehicles to 19 display certain signage; providing for denial, 20 refusal to renew, or revocation of registration 21 of mover or moving broker; requiring brokers to 22 provide evidence of certain insurance coverage; 23 revising requirement for mover to provide 24 evidence of certain insurance coverage; 25 amending s. 507.04, F.S.; clarifying 26 requirements that a mover maintain certain 27 insurance coverages; requiring a mover to 28 submit evidence of liability insurance before 29 registration; providing requirements for 30 liability insurance coverage; authorizing the 31 Department of Agriculture and Consumer Services 20 9:48 AM 04/15/05 s0970d-tr35-k0a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 970 Barcode 984872 1 to suspend a mover's registration and seek an 2 injunction in circuit court if the mover fails 3 to maintain insurance coverage; providing 4 penalties; authorizing certain movers and 5 requiring moving brokers to maintain a 6 performance bond or certificate of deposit in 7 lieu of certain liability insurance coverage; 8 providing requirements for the performance bond 9 or certificate of deposit; providing for 10 payment of claims pursuant to department order 11 in an administrative proceeding; specifying 12 that insurance coverages must be issued by a 13 licensed insurance company or carrier; 14 prohibiting certain limits of liability for a 15 mover's loss or damage of a shipper's goods; 16 requiring certain disclosures of liability 17 limitations; authorizing a mover to offer 18 valuation coverage under specified conditions; 19 providing that valuation coverage meeting 20 specified conditions satisfies certain 21 liability of a mover; requiring certain 22 disclosures of valuation coverage; amending s. 23 507.06, F.S.; revising provisions for delivery 24 and storage of household goods; amending s. 25 507.07, F.S.; requiring that moving brokers 26 annually register with the department; revising 27 provisions relating to prohibited acts and 28 violations; specifying that the making of 29 certain false statements is a violation of ch. 30 507, F.S., regardless of whether the statements 31 are material; clarifying and conforming 21 9:48 AM 04/15/05 s0970d-tr35-k0a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 970 Barcode 984872 1 provisions; amending s. 507.11, F.S.; providing 2 penalties; amending ss. 507.05, 507.08, 507.09, 3 507.10, 507.12, and 507.13, F.S., relating to 4 estimates and contracts for service, deceptive 5 and unfair trade practice, administrative 6 remedies and penalties, civil penalties and 7 remedies, the General Inspection Trust Fund, 8 and local regulation; providing for application 9 to moving brokers; clarifying and conforming 10 provisions; providing for the adoption of 11 rules; creating s. 205.1975, F.S.; prohibiting 12 a county or municipality from issuing or 13 renewing an occupational license to a mover or 14 moving broker under certain circumstances; 15 providing an effective date. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 22 9:48 AM 04/15/05 s0970d-tr35-k0a