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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    Florida Senate - 2005                                   SB 970
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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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    Florida Senate - 2005                                   SB 970
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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.

31  

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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

31  

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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.

30  

31  

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    Florida Senate - 2005                                   SB 970
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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.

31  

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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.

 8  

 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:

31  

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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.

31  

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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

31  

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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

31  

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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.

15  

16            *****************************************

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.)

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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