Senate Bill sb0970
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Florida Senate - 2005 SB 970
By Senator Campbell
32-587A-05
1 A bill to be entitled
2 An act relating to household moving services;
3 requesting the Division of Statutory Revision
4 to redesignate the title of ch. 507, F.S.;
5 amending s. 507.01, F.S.; revising definitions;
6 clarifying licensing requirements for household
7 movers and moving brokers; applying the
8 licensing requirements to certain persons who
9 transport or ship household goods in moving
10 containers; clarifying and conforming
11 provisions; amending s. 507.02, F.S.;
12 clarifying the construction, application, and
13 intent of the licensing requirements; amending
14 s. 507.03, F.S.; clarifying registration
15 requirements for household movers and moving
16 brokers; deleting a requirement that a mover
17 submit proof of local license or registration
18 before being issued a state registration;
19 revising advertising requirements; requiring a
20 mover's vehicles to display certain signage;
21 amending s. 507.04, F.S.; clarifying
22 requirements that a mover maintain certain
23 insurance coverages; requiring a mover to
24 submit evidence of liability insurance before
25 registration; providing requirements for
26 liability insurance coverage; authorizing the
27 Department of Agriculture and Consumer Services
28 to suspend a mover's registration and seek an
29 injunction in circuit court if the mover fails
30 to maintain insurance coverage; providing
31 penalties; authorizing a mover to maintain a
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1 performance bond or certificate of deposit in
2 lieu of certain liability insurance coverage
3 under certain circumstances; specifying that
4 insurance coverages must be issued by a
5 licensed insurance company or carrier;
6 prohibiting certain limits of liability for a
7 mover's loss or damage or a shipper's goods;
8 requiring certain disclosures of liability
9 limitations; authorizing a mover to offer
10 valuation coverage under specified conditions;
11 providing that valuation coverage meeting
12 specified conditions satisfies certain
13 liability of a mover; requiring certain
14 disclosures of valuation coverage; amending ss.
15 507.05 and 507.06, F.S.; clarifying and
16 conforming provisions; amending s. 507.07,
17 F.S.; requiring that moving brokers annually
18 register with the department; specifying that
19 the making of certain false statements is a
20 violation of ch. 507, F.S., regardless of
21 whether the statements are material; clarifying
22 and conforming provisions; amending ss. 507.08,
23 507.09, 507.10, 507.11, 507.12, and 507.13,
24 F.S.; clarifying and conforming provisions;
25 providing for the adoption of rules; amending
26 s. 120.80, F.S.; exempting certain proceedings
27 conducted by the Department of Agriculture and
28 Consumer Services from the hearing requirements
29 of the Administrative Procedure Act; creating
30 s. 205.1975, F.S.; prohibiting a county or
31 municipality from issuing an occupational
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1 license to a mover under certain circumstances;
2 providing an effective date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. The Division of Statutory Revision is
7 requested to redesignate the title of chapter 507, Florida
8 Statutes, as "HOUSEHOLD MOVING SERVICES."
9 Section 2. Section 507.01, Florida Statutes, is
10 amended to read:
11 507.01 Definitions.--As used in For the purposes of
12 this chapter act, the term:
13 (1) "Accessorial services" means any service performed
14 by a mover which results in a charge to the shipper and is
15 incidental to the transportation or shipment of household
16 goods service, including, but not limited to, valuation
17 coverage; preparation of written inventory; equipment,
18 including dollies, hand trucks, pads, blankets, and straps;
19 storage, packing, unpacking, or crating of articles; hoisting
20 or lowering; waiting time; long carry, which is defined as
21 carrying articles excessive distances to or from between the
22 mover's vehicle, which may be cited as "long carry" and the
23 residence; overtime loading and unloading; reweighing;
24 disassembly or reassembly; elevator or stair carrying; boxing
25 or servicing of appliances; and furnishing of packing or
26 crating materials. The term includes Accessorial services also
27 include services not performed by the mover but performed by a
28 third party at the request of the shipper or mover, if the
29 charges for these such services are to be paid to the mover by
30 the shipper at or before prior to the time of delivery.
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1 (2) "Advertise" means to advise, announce, give notice
2 of, publish, or call attention by use of oral, written, or
3 graphic statement made in a newspaper or other publication or
4 on radio or television, any electronic medium, or contained in
5 any notice, handbill, sign, including signage on vehicle,
6 flyer, catalog or letter, or printed on or contained in any
7 tag or label attached to or accompanying any good.
8 (3) "Compensation" means money, fee, emolument, quid
9 pro quo, barter, remuneration, pay, reward, indemnification,
10 or satisfaction.
11 (4) "Contract for service" or "bill of lading" means a
12 written document approved by the shipper in writing before
13 prior to the performance of any service which authorizes
14 services from the named mover and lists the services and all
15 costs associated with the transportation of household move
16 goods and accessorial services to be performed.
17 (5) "Department" means the Department of Agriculture
18 and Consumer Services.
19 (6) "Estimate" means a written document that which
20 sets forth the total costs, cost and describes the basis of
21 those such costs, relating related to a shipper's household
22 move, including which shall include, but not be limited to,
23 the loading, transportation or shipment, and unloading of
24 household goods and accessorial services.
25 (7) "Household goods" or "goods" means personal
26 effects or other personal property found in a home, personal
27 residence, storage facility, or other dwelling location,
28 including, but not limited to, household furniture. The term
29 property in a storehouse or warehouse facility that is owned
30 or rented by a shipper or shipper's agent, but does not
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1 include freight or personal property moving to or from a
2 factory, store, or other place of business.
3 (8) "Household move" or "move" means the loading of
4 household goods into a vehicle, moving container, or other
5 mode of transportation or shipment; the transportation or
6 shipment of those household goods; and the unloading of those
7 household goods, when the transportation or shipment
8 originates and terminates at one of the following ultimate
9 locations, regardless of whether the mover temporarily stores
10 the goods while en route between the originating and
11 terminating locations:
12 (a) From one dwelling to another dwelling;
13 (b) From a dwelling to a storehouse or warehouse that
14 is owned or rented by the shipper or the shipper's agent; or
15 (c) From a storehouse or warehouse that is owned or
16 rented by the shipper or the shipper's agent to a dwelling.
17 (9)(8) "Mover" means a any person who, for
18 compensation, contracts for or engages in the loading,
19 transportation or shipment, or unloading of household goods as
20 part of a household move for compensation. The term does not
21 include a postal, courier, envelope, package, or freight
22 service that does not advertise itself as a mover or moving
23 service.
24 (10) "Moving broker" or "broker" means a person who,
25 for compensation, arranges for another person to load,
26 transport or ship, or unload household goods as part of a
27 household move or who, for compensation, refers a shipper to a
28 mover by telephone, postal or electronic mail, Internet
29 website, or other means.
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1 (11) "Moving container" means a receptacle holding at
2 least 225 cubic feet of volume which is used to transport or
3 ship household goods as part of a household move.
4 (12)(9) "Shipper" means a any person who uses the
5 services of a mover to transport or ship household goods as
6 part of a household move.
7 (13)(10) "Storage" means the warehousing of a the
8 shipper's goods while under the care, custody, and control of
9 the mover.
10 Section 3. Section 507.02, Florida Statutes, is
11 amended to read:
12 507.02 Construction; intent; application.--
13 (1) The provisions of This chapter act shall be
14 construed liberally to:
15 (a) Establish the law of this state governing the
16 loading, transportation or, shipment, unloading, and
17 affiliated storage of household goods as part of household
18 moves.
19 (b) Address household moving practices in this state
20 in a manner that is not inconsistent with federal law
21 governing relating to consumer protection.
22 (2) The provisions of This chapter applies act shall
23 apply to the operations of any mover engaged in the intrastate
24 transportation or shipment of household goods originating in
25 this state and terminating in this state., except This chapter
26 does act shall not apply be construed to include shipments
27 contracted by the United States, the state, or any local
28 government or political subdivision of the state. The
29 provisions of this act shall only apply to the transportation
30 of household goods originating in this state and terminating
31 in this state.
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1 (3) It is the intent of This chapter is intended act
2 to secure the satisfaction and confidence of shippers and
3 members of the public when using a mover.
4 (4) Nothing in This chapter does not supersede act
5 shall be construed to remove the authority or jurisdiction of
6 any federal agency for with respect to goods or services
7 regulated or controlled under other provisions of law.
8 Section 4. Section 507.03, Florida Statutes, is
9 amended to read:
10 507.03 Registration.--
11 (1) Each mover and moving broker must shall annually
12 register with the department, providing its legal business and
13 trade name, mailing address, and business locations; the full
14 names, addresses, and telephone numbers of its owners or
15 corporate officers and directors and the Florida agent of the
16 corporation; a statement whether it is a domestic or foreign
17 corporation, its state and date of incorporation, its charter
18 number, and, if a foreign corporation, the date it registered
19 with the Department of State of Florida, and occupational
20 license where applicable; the date on which the a mover or
21 broker registered its fictitious name if the mover or broker
22 is operating under a fictitious or trade name; the name of all
23 other corporations, business entities, and trade names through
24 which each owner of the mover or broker operated, was known,
25 or did business as a mover or moving broker within the
26 preceding 5 years; and proof of the insurance or alternative
27 coverages coverage as required under s. 507.04 by this act.
28 (2) A certificate evidencing proof of registration
29 shall be issued by the department and must be prominently
30 displayed in the mover's or broker's primary place of
31 business.
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1 (3) Registration fees shall be $300 per year per mover
2 or moving broker. All amounts collected shall be deposited by
3 the Chief Financial Officer to the credit of the General
4 Inspection Trust Fund of the department for the sole purpose
5 of administration of this chapter act.
6 (4) Any mover or moving broker whose principal place
7 of business is located in a county or municipality that
8 requires, by local ordinance, a local license or registration
9 to engage in the business of moving and storage of household
10 goods must shall obtain the license or registration from the
11 such county or municipality. A mover or broker that obtains a
12 such local license or registration must shall also be required
13 to pay the state registration fee under subsection (3), and
14 the department shall issue the mover a state certificate of
15 registration upon submission of proof of the local license or
16 registration by the mover.
17 (5) Each contract of a mover or moving broker must
18 include the phrase "...(NAME OF FIRM)... is registered with
19 the State of Florida as a Mover. Registration No. ....."
20 (6) Each advertisement of a mover must include the
21 phrase "Fla. Mover Reg. No. ....." or "FL IM# ....". Each of
22 the mover's vehicles must clearly and conspicuously display a
23 sign on the driver's side door which includes at least one of
24 these phrases in lettering of at least 1 1/2 inches in height.
25 (7) A No registration is not shall be valid for any
26 mover or broker transacting business at any place other than
27 that designated in the mover's or broker's its application,
28 unless the department is first notified in writing before in
29 advance of any change of location. A registration issued under
30 this chapter is act shall not be assignable, and the mover or
31 broker may shall not be permitted to conduct business under
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1 more than one name except as registered. A mover or broker
2 desiring to change its registered name or location or
3 designated agent for service of process at a time other than
4 upon renewal of registration must shall notify the department
5 of the such change.
6 (8) The department may deny, or refuse to renew, or
7 revoke the registration of any mover or moving broker based
8 upon a determination that the mover, or any of its directors,
9 officers, owners, or general partners:
10 (a) Has failed to meet the requirements for
11 registration as provided in this chapter act;
12 (b) Has been convicted of a crime involving fraud,
13 dishonest dealing, or any other act of moral turpitude;
14 (c) Has not satisfied a civil fine or penalty arising
15 out of any administrative or enforcement action brought by any
16 governmental agency or private person based upon conduct
17 involving fraud, dishonest dealing, or any violation of this
18 chapter act;
19 (d) Has pending against him or her any criminal,
20 administrative, or enforcement proceedings in any
21 jurisdiction, based upon conduct involving fraud, dishonest
22 dealing, or any other act of moral turpitude; or
23 (e) Has had a judgment entered against him or her in
24 any action brought by the department or the Department of
25 Legal Affairs under pursuant to this chapter act or ss.
26 501.201-501.213, the Florida Deceptive and Unfair Trade
27 Practices Act.
28 (9) Each mover and moving broker shall provide
29 evidence of the current and valid insurance or alternative
30 coverages required under coverage as described in s. 507.04.
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1 Section 5. Section 507.04, Florida Statutes, is
2 amended to read:
3 (Substantial rewording of section. See
4 s. 507.04, F.S., for present text.)
5 507.04 Required insurance coverages; liability
6 limitations; valuation coverage.--
7 (1) LIABILITY INSURANCE.--
8 (a)1. Except as provided in paragraph (b), each mover
9 operating in this state must maintain current and valid
10 liability insurance coverage of at least $10,000 per shipment
11 for the loss or damage of household goods resulting from the
12 negligence of the mover, its employees, or agents.
13 2. The mover must provide the department with evidence
14 of liability insurance coverage before the mover is registered
15 with the department under s. 507.03. All insurance coverage
16 maintained by a mover must remain in effect throughout the
17 mover's registration period. A mover's failure to maintain
18 insurance coverage in accordance with this paragraph
19 constitutes an immediate threat to the public health, safety,
20 and welfare. If a mover fails to maintain insurance coverage,
21 the department may immediately suspend the mover's
22 registration or eligibility for registration and the mover
23 must immediately cease operating as a mover in this state. If
24 a mover without insurance coverage does not cease operating as
25 a mover, the department may seek from the appropriate circuit
26 court an immediate injunction prohibiting the mover from
27 operating in this state until the mover complies with this
28 paragraph, a civil penalty not to exceed $5,000, and court
29 costs.
30 (b) A mover that operates two or fewer vehicles, in
31 lieu of maintaining the liability insurance coverage required
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1 under paragraph (a), may, and each moving broker must,
2 maintain one of the following alternative coverages:
3 1. A performance bond in the amount of $25,000, for
4 which the surety of the bond must be a surety company
5 authorized to conduct business in this state; or
6 2. A certificate of deposit in a Florida banking
7 institution in the amount of $25,000.
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9 The original bond or certificate of deposit must be filed with
10 the department and must designate the department as the sole
11 beneficiary. The department must use the bond or certificate
12 of deposit exclusively for the payment of claims to consumers
13 who are injured by the fraud, misrepresentation, breach of
14 contract, or financial failure of the mover or moving broker
15 or by a violation of this chapter by the mover or broker.
16 Liability for these injuries may be determined in an
17 administrative proceeding of the department or through a civil
18 action in a court of competent jurisdiction. However, claims
19 against the bond or certificate of deposit must only be paid,
20 in amounts not to exceed the determined liability for these
21 injuries, by order of the department in an administrative
22 proceeding. The bond or certificate of deposit is subject to
23 successive claims, but the aggregate amount of these claims
24 may not exceed the amount of the bond or certificate of
25 deposit.
26 (2) MOTOR VEHICLE INSURANCE.--Each mover operating in
27 this state must maintain current and valid motor vehicle
28 insurance coverage, including combined bodily injury and
29 property damage liability coverage in the following minimum
30 amounts:
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1 (a) Fifty thousand dollars per occurrence for a
2 commercial motor vehicle with a gross weight of less than
3 35,000 pounds.
4 (b) One hundred thousand dollars per occurrence for a
5 commercial motor vehicle with a gross weight of more than
6 35,000 pounds, but less than 44,000 pounds.
7 (c) Three hundred thousand dollars per occurrence for
8 a commercial motor vehicle with a gross weight of 44,000
9 pounds or more.
10 (3) INSURANCE COVERAGES.--The insurance coverages
11 required under paragraph (1)(a) and subsection (2) must be
12 issued by an insurance company or carrier licensed to transact
13 business in this state under the Florida Insurance Code as
14 defined in s. 624.01. The department shall require a mover to
15 present a certificate of insurance of the required coverages
16 before issuance or renewal of a registration certificate under
17 s. 507.03. The department shall be named as a
18 certificateholder in the certificate and must be notified at
19 least 30 days before any changes in insurance coverage.
20 (4) LIABILITY LIMITATIONS; VALUATION RATES.--A mover
21 may not limit its liability for the loss or damage of
22 household goods to a valuation rate that is less than 60 cents
23 per pound per article. A provision of a contract for moving
24 services is void if the provision limits a mover's liability
25 to a valuation rate that is less than this minimum rate. If a
26 mover limits its liability for a shipper's goods, the mover
27 must disclose the limitation, including the valuation rate, to
28 the shipper in writing at the time that the estimate or
29 contract for services is executed and before any moving or
30 accessorial services are provided. The disclosure must also
31 inform the shipper of the opportunity to purchase valuation
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1 coverage if the mover offers that coverage under subsection
2 (5).
3 (5) VALUATION COVERAGE.--A mover may offer valuation
4 coverage to compensate a shipper for the loss or damage of the
5 shipper's household goods that are lost or damaged during a
6 household move. If a mover offers valuation coverage, the
7 coverage must indemnify the shipper for at least the minimum
8 valuation rate required under subsection (4). The mover must
9 disclose the terms of the coverage to the shipper in writing
10 at the time that the estimate and contract for services is
11 executed and before any moving or accessorial services are
12 provided. The disclosure must inform the shipper of the cost
13 of the valuation coverage, the valuation rate of the coverage,
14 and the opportunity to reject the coverage. If valuation
15 coverage compensates a shipper for at least the minimum
16 valuation rate required under subsection (4), the coverage
17 satisfies the mover's liability for the minimum valuation
18 rate.
19 Section 6. Section 507.05, Florida Statutes, is
20 amended to read:
21 507.05 Estimates and contracts for service.--Before
22 Prior to providing any moving or accessorial services, a
23 contract and estimate must be provided to a prospective
24 shipper in writing, must be signed and dated by the shipper
25 and the mover, and must include:
26 (1) The name, telephone number, and physical address
27 where the mover's employees are available during normal
28 business hours.
29 (2) The date the contract or estimate is prepared and
30 any proposed date of the move.
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1 (3) The name and address of the shipper, the addresses
2 where the articles items are to be picked up and delivered,
3 and a telephone number where the shipper may be reached.
4 (4) The name, telephone number, and physical address
5 of any location where the goods will be held pending further
6 transportation, including situations where the mover retains
7 possession of goods pending resolution of a fee dispute with
8 the shipper.
9 (5) An itemized breakdown and description and total of
10 all costs and services for loading, transportation or
11 shipment, unloading, and accessorial services to be provided
12 during a household move or storage of household goods.
13 (6) Acceptable forms of payment. A mover shall accept
14 a minimum of two of the three following forms of payment:
15 (a) Cash, cashier's check, money order, or traveler's
16 check;
17 (b) Valid personal check, showing upon its face the
18 name and address of the shipper or authorized representative;
19 or
20 (c) Valid credit card, which shall include, but not be
21 limited to, Visa or MasterCard.
22
23 A mover must shall clearly and conspicuously disclose to the
24 shipper in the estimate and contract for services the forms of
25 payments the mover will accept, including the forms of payment
26 from those categories described in paragraphs (a)-(c).
27 Section 7. Section 507.06, Florida Statutes, is
28 amended to read:
29 507.06 Delivery and storage of household goods.--
30 (1) A mover must relinquish household goods to a
31 shipper and must place the goods inside a shipper's dwelling
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1 or, if directed by the shipper, inside a storehouse or
2 warehouse that is owned or rented by the shipper or the
3 shipper's agent, unless the shipper has not tendered payment
4 in the amount specified in a written contract or estimate
5 signed and dated by the shipper. A mover may not refuse to
6 relinquish prescription medicines and goods for use by
7 children, including children's furniture, clothing, or toys,
8 under any circumstances.
9 (2) A mover may not refuse to relinquish household
10 goods to a shipper or fail to place the goods inside a
11 shipper's dwelling or, if directed by the shipper, inside a
12 storehouse or warehouse that is owned or rented by the shipper
13 or the shipper's agent, based on the mover's refusal to accept
14 an acceptable form of payment.
15 (3) A mover that lawfully fails to relinquish a
16 shipper's household goods may place the goods in storage until
17 payment is tendered; however, the mover must notify the
18 shipper of the location where the goods are stored and the
19 amount due within 5 days after receipt of a written request
20 for that information from the shipper, which request must
21 include the address where the shipper may receive the notice.
22 A mover may not require a prospective shipper to waive any
23 rights or requirements under this section.
24 Section 8. Section 507.07, Florida Statutes, is
25 amended to read:
26 507.07 Violations.--It is a violation of this chapter
27 act to:
28 (1) Conduct business as a mover or moving broker, or
29 advertise to engage in the business of moving or offering to
30 move, without first being registered annually with the
31 department.
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1 (2) Knowingly make any false statement,
2 representation, or certification in any application, document,
3 or record required to be submitted or retained under this
4 chapter act.
5 (3) Misrepresent or deceptively represent:
6 (a) The contract for services, bill of lading, or
7 inventory of household goods for the move estimated.
8 (b) The timeframe or schedule for delivery or storage
9 of household goods estimated.
10 (c) The price, size, nature, extent, qualities, or
11 characteristics of accessorial or moving services offered.
12 (d) The nature or extent of other goods, services, or
13 amenities offered.
14 (e) A shipper's rights, privileges, or benefits.
15 (4) Fail to honor and comply with all provisions of
16 the contract for services or bill of lading regarding the
17 purchaser's rights, benefits, and privileges thereunder.
18 (5) Withhold delivery of household goods or in any way
19 hold goods in storage against the expressed wishes of the
20 shipper if payment has been made as delineated in the estimate
21 or contract for services.
22 (6)(a) Include in any contract any provision
23 purporting to waive or limit any right or benefit provided to
24 shippers under this chapter act.
25 (b) Seek or solicit a such waiver or acceptance of
26 limitation from a shipper concerning rights or benefits
27 provided under this chapter act.
28 (c) Use a local mailing address, registration
29 facility, drop box, or answering service in the promotion,
30 advertising, solicitation, or sale of contracts, unless the
31 mover's, and, if applicable, the moving broker's, fixed
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1 business address is clearly disclosed during any telephone
2 solicitation and is prominently and conspicuously disclosed on
3 all solicitation materials and on the contract.
4 (d) Commit Do any other act of which constitutes
5 fraud, misrepresentation, or failure to disclose a material
6 fact.
7 (e) Refuse or fail, or for any of the mover's or
8 broker's principal officers to refuse or fail, after notice,
9 to produce any document or record or disclose any information
10 required to be produced or disclosed.
11 (f) Knowingly make a material false statement in
12 response to any request or investigation by the department,
13 the Department of Legal Affairs, or the state attorney.
14 Section 9. Section 507.08, Florida Statutes, is
15 amended to read:
16 507.08 Deceptive and unfair trade practice.--Acts,
17 conduct, practices, omissions, failings, misrepresentations,
18 or nondisclosures committed in which constitute a violation of
19 this chapter are act also constitute a deceptive and unfair
20 trade practices under practice for the purpose of ss.
21 501.201-501.213, the Florida Deceptive and Unfair Trade
22 Practices Act, and administrative rules adopted in accordance
23 with the act thereunder.
24 Section 10. Section 507.09, Florida Statutes, is
25 amended to read:
26 507.09 Administrative remedies; penalties.--
27 (1) The department may enter an order doing one or
28 more of the following if the department finds that a mover or
29 moving broker, or a person employed or contracted by a mover
30 or broker, has violated or is operating in violation of any of
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1 the provisions of this chapter act or the rules or orders
2 issued in accordance with this chapter thereunder:
3 (a) Issuing a notice of noncompliance under pursuant
4 to s. 120.695.
5 (b) Imposing an administrative fine not to exceed
6 $5,000 for each act or omission.
7 (c) Directing that the person cease and desist
8 specified activities.
9 (d) Refusing to register or revoking or suspending a
10 registration.
11 (e) Placing the registrant on probation for a period
12 of time, subject to the such conditions specified by as the
13 department may specify.
14 (2) The administrative proceedings which could result
15 in the entry of an order imposing any of the penalties
16 specified in subsection (1) are governed by chapter 120.
17 (3) The department may has the authority to adopt
18 rules under ss. 120.536(1) and 120.54 pursuant to chapter 120
19 to administer implement this chapter act.
20 Section 11. Section 507.10, Florida Statutes, is
21 amended to read:
22 507.10 Civil penalties; remedies.--
23 (1) The department may institute a civil action in a
24 court of competent jurisdiction to recover any penalties or
25 damages authorized allowed in this chapter act and for
26 injunctive relief to enforce compliance with this chapter act.
27 (2) The department may seek a civil penalty of up to
28 $5,000 for each violation of this chapter act.
29 (3) The department may seek restitution for and on
30 behalf of any shipper aggrieved or injured by a violation of
31 this chapter act.
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1 (4) Any provision in a contract for services or bill
2 of lading from a mover or moving broker that purports to
3 waive, limit, restrict, or avoid any of the duties,
4 obligations, or prescriptions of the mover or broker, as
5 provided in this chapter act, is void and unenforceable and
6 against public policy.
7 (5) The remedies provided in this chapter act are in
8 addition to any other remedies available for the same conduct,
9 including those provided in local ordinances.
10 (6) Upon motion of the department in any action
11 brought under this chapter act, the court may make appropriate
12 orders, including appointment of a master or receiver or
13 sequestration of assets, to reimburse shippers found to have
14 been damaged, to carry out a consumer transaction in
15 accordance with the shipper's reasonable expectations, or to
16 grant other appropriate relief.
17 Section 12. Section 507.11, Florida Statutes, is
18 amended to read:
19 507.11 Criminal penalties.--
20 (1) The refusal of a mover or a mover's employee,
21 agent, or contractor to comply with an order from a law
22 enforcement officer to relinquish a shipper's household goods
23 after the officer determines that the shipper has tendered
24 payment of the amount of a written estimate or contract, or
25 after the officer determines that the mover did not produce a
26 signed estimate or contract upon which demand is being made
27 for payment, is a felony of the third degree, punishable as
28 provided in s. 775.082, s. 775.083, or s. 775.084. A mover's
29 compliance with an order from a law enforcement officer to
30 relinquish goods to a shipper is not a waiver or finding of
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1 fact regarding any right to seek further payment from the
2 shipper.
3 (2) Except as provided in subsection (1), any person
4 or business that violates this chapter act commits a
5 misdemeanor of the first degree, punishable as provided in s.
6 775.082 or s. 775.083.
7 Section 13. Section 507.12, Florida Statutes, is
8 amended to read:
9 507.12 General Inspection Trust Fund; payments.--Any
10 moneys recovered by the department as a penalty under this
11 chapter act shall be deposited in the General Inspection Trust
12 Fund.
13 Section 14. Section 507.13, Florida Statutes, is
14 amended to read:
15 507.13 Local regulation.--
16 (1) The provisions of This chapter does act are not
17 intended to preempt local ordinances or regulations of a
18 county or municipality which that regulate transactions
19 relating to movers of household goods. As provided in s.
20 507.03(4), counties and municipalities may require, levy, or
21 collect any registration fee or tax or require the
22 registration or bonding in any manner of any mover.
23 (2) The department may enter into a cooperative
24 agreement with any county or municipality which that provides
25 for the referral, investigation, and prosecution of consumer
26 complaints alleging violations of this chapter act.
27 Section 15. Paragraph (d) is added to subsection (2)
28 of section 120.80, Florida Statutes, to read:
29 120.80 Exceptions and special requirements;
30 agencies.--
31 (2) DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES.--
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1 (d) Notwithstanding ss. 120.569-120.595, proceedings
2 conducted by the Department of Agriculture and Consumer
3 Services against a mover that fails to maintain required
4 insurance coverage under s. 507.04(1)(a)2. are exempt from the
5 hearing requirements of this chapter.
6 Section 16. Section 205.1975, Florida Statutes, is
7 created to read:
8 205.1975 Household moving services; consumer
9 protection.--A county or municipality may not issue or renew
10 an occupational license for the operation of a mover or moving
11 broker under chapter 507 unless the mover or broker exhibits a
12 current registration from the Department of Agriculture and
13 Consumer Services.
14 Section 17. This act shall take effect July 1, 2005.
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17 SENATE SUMMARY
18 Revises various provisions of ch. 507, F.S., relating to
household moving services. Clarifies the licensure
19 requirements for movers and requires moving brokers to
register with the Department of Agriculture and Consumer
20 Services. Revises requirements for insurance coverage.
Requires certain disclosures concerning valuation
21 coverage. (See bill for details.)
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