Senate Bill sb0970c1

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    Florida Senate - 2005                            CS for SB 970

    By the Committee on Transportation; and Senator Campbell





    596-2128-05

  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         defining "household move," "moving broker," and

  7         "moving container"; clarifying licensing

  8         requirements for household movers and moving

  9         brokers; applying the licensing requirements to

10         moving brokers and certain persons who

11         transport or ship household goods in moving

12         containers; clarifying and conforming

13         provisions; amending s. 507.02, F.S.;

14         clarifying the construction, application, and

15         intent of the licensing requirements; amending

16         s. 507.03, F.S.; requiring moving brokers to

17         register with the Department of Agriculture and

18         Consumer Services; providing requirements and

19         fees for such registration; providing for

20         certificate of registration; requiring display

21         of the certificate; clarifying registration

22         requirements for household movers and moving

23         brokers; requiring brokers to obtain local

24         registration or license when required by the

25         county or municipality where the broker's

26         principal place of business is located;

27         deleting provisions for issuance by the

28         department of a certificate of registration

29         when a mover submits proof of local license or

30         registration; revising advertising

31         requirements; requiring a mover's vehicles to

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 1         display certain signage; providing for denial,

 2         refusal to renew, or revocation of registration

 3         of mover or moving broker; requiring brokers to

 4         provide evidence of certain insurance coverage;

 5         revising requirement for mover to provide

 6         evidence of certain insurance coverage;

 7         amending s. 507.04, F.S.; clarifying

 8         requirements that a mover maintain certain

 9         insurance coverages; requiring a mover to

10         submit evidence of liability insurance before

11         registration; providing requirements for

12         liability insurance coverage; authorizing the

13         Department of Agriculture and Consumer Services

14         to suspend a mover's registration and seek an

15         injunction in circuit court if the mover fails

16         to maintain insurance coverage; providing

17         penalties; authorizing certain movers and

18         requiring moving brokers to maintain a

19         performance bond or certificate of deposit in

20         lieu of certain liability insurance coverage;

21         providing requirements for the performance bond

22         or certificate of deposit; providing for

23         payment of claims pursuant to department order

24         in an administrative proceeding; specifying

25         that insurance coverages must be issued by a

26         licensed insurance company or carrier;

27         prohibiting certain limits of liability for a

28         mover's loss or damage of a shipper's goods;

29         requiring certain disclosures of liability

30         limitations; authorizing a mover to offer

31         valuation coverage under specified conditions;

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 1         providing that valuation coverage meeting

 2         specified conditions satisfies certain

 3         liability of a mover; requiring certain

 4         disclosures of valuation coverage; amending s.

 5         507.06, F.S.; revising provisions for delivery

 6         and storage of household goods; amending s.

 7         507.07, F.S.; requiring that moving brokers

 8         annually register with the department; revising

 9         provisions relating to prohibited acts and

10         violations; specifying that the making of

11         certain false statements is a violation of ch.

12         507, F.S., regardless of whether the statements

13         are material; clarifying and conforming

14         provisions; amending s. 507.11, F.S.; providing

15         penalties; amending ss. 507.05, 507.08, 507.09,

16         507.10, 507.12, and 507.13, F.S., relating to

17         estimates and contracts for service, deceptive

18         and unfair trade practice, administrative

19         remedies and penalties, civil penalties and

20         remedies, the General Inspection Trust Fund,

21         and local regulation; providing for application

22         to moving brokers; clarifying and conforming

23         provisions; providing for the adoption of

24         rules; creating s. 205.1975, F.S.; prohibiting

25         a county or municipality from issuing or

26         renewing an occupational license to a mover or

27         moving broker under certain circumstances;

28         providing an effective date.

29  

30  Be It Enacted by the Legislature of the State of Florida:

31  

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    Florida Senate - 2005                            CS for SB 970
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 1         Section 1.  The Division of Statutory Revision is

 2  requested to redesignate the title of chapter 507, Florida

 3  Statutes, as "HOUSEHOLD MOVING SERVICES."

 4         Section 2.  Section 507.01, Florida Statutes, is

 5  amended to read:

 6         507.01  Definitions.--As used in For the purposes of

 7  this chapter act, the term:

 8         (1)  "Accessorial services" means any service performed

 9  by a mover which results in a charge to the shipper and is

10  incidental to the transportation or shipment of household

11  goods service, including, but not limited to, valuation

12  coverage; preparation of written inventory; equipment,

13  including dollies, hand trucks, pads, blankets, and straps;

14  storage, packing, unpacking, or crating of articles; hoisting

15  or lowering; waiting time; long carry, which is defined as

16  carrying articles excessive distances to or from between the

17  mover's vehicle, which may be cited as "long carry" and the

18  residence; overtime loading and unloading; reweighing;

19  disassembly or reassembly; elevator or stair carrying; boxing

20  or servicing of appliances; and furnishing of packing or

21  crating materials. The term includes Accessorial services also

22  include services not performed by the mover but performed by a

23  third party at the request of the shipper or mover, if the

24  charges for these such services are to be paid to the mover by

25  the shipper at or before prior to the time of delivery.

26         (2)  "Advertise" means to advise, announce, give notice

27  of, publish, or call attention by use of oral, written, or

28  graphic statement made in a newspaper or other publication or

29  on radio or television, any electronic medium, or contained in

30  any notice, handbill, sign, including signage on vehicle,

31  

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 1  flyer, catalog or letter, or printed on or contained in any

 2  tag or label attached to or accompanying any good.

 3         (3)  "Compensation" means money, fee, emolument, quid

 4  pro quo, barter, remuneration, pay, reward, indemnification,

 5  or satisfaction.

 6         (4)  "Contract for service" or "bill of lading" means a

 7  written document approved by the shipper in writing before

 8  prior to the performance of any service which authorizes

 9  services from the named mover and lists the services and all

10  costs associated with the transportation of household move

11  goods and accessorial services to be performed.

12         (5)  "Department" means the Department of Agriculture

13  and Consumer Services.

14         (6)  "Estimate" means a written document that which

15  sets forth the total costs, cost and describes the basis of

16  those such costs, relating related to a shipper's household

17  move, including which shall include, but not be limited to,

18  the loading, transportation or shipment, and unloading of

19  household goods and accessorial services.

20         (7)  "Household goods" or "goods" means personal

21  effects or other personal property commonly found in a home,

22  personal residence, storage facility, or other dwelling

23  location, including, but not limited to, household furniture.

24  The term property in a storehouse or warehouse facility that

25  is owned or rented by a shipper or shipper's agent, but does

26  not include freight or personal property moving to or from a

27  factory, store, or other place of business.

28         (8)  "Household move" or "move" means the loading of

29  household goods into a vehicle, moving container, or other

30  mode of transportation or shipment; the transportation or

31  shipment of those household goods; and the unloading of those

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 1  household goods, when the transportation or shipment

 2  originates and terminates at one of the following ultimate

 3  locations, regardless of whether the mover temporarily stores

 4  the goods while en route between the originating and

 5  terminating locations:

 6         (a)  From one dwelling to another dwelling;

 7         (b)  From a dwelling to a storehouse or warehouse that

 8  is owned or rented by the shipper or the shipper's agent; or

 9         (c)  From a storehouse or warehouse that is owned or

10  rented by the shipper or the shipper's agent to a dwelling.

11         (9)(8)  "Mover" means a any person who, for

12  compensation, contracts for or engages in the loading,

13  transportation or shipment, or unloading of household goods as

14  part of a household move for compensation. The term does not

15  include a postal, courier, envelope, or package service that

16  does not advertise itself as a mover or moving service.

17         (10)  "Moving broker" or "broker" means a person who,

18  for compensation, arranges for another person to load,

19  transport or ship, or unload household goods as part of a

20  household move or who, for compensation, refers a shipper to a

21  mover by telephone, postal or electronic mail, Internet

22  website, or other means.

23         (11)  "Moving container" means a receptacle holding at

24  least 225 cubic feet of volume which is used to transport or

25  ship household goods as part of a household move.

26         (12)(9)  "Shipper" means a any person who uses the

27  services of a mover to transport or ship household goods as

28  part of a household move.

29         (13)(10)  "Storage" means the warehousing of a the

30  shipper's goods while under the care, custody, and control of

31  the mover.

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 1         Section 3.  Section 507.02, Florida Statutes, is

 2  amended to read:

 3         507.02  Construction; intent; application.--

 4         (1)  The provisions of This chapter act shall be

 5  construed liberally to:

 6         (a)  Establish the law of this state governing the

 7  loading, transportation or, shipment, unloading, and

 8  affiliated storage of household goods as part of household

 9  moves.

10         (b)  Address household moving practices in this state

11  in a manner that is not inconsistent with federal law

12  governing relating to consumer protection.

13         (2)  The provisions of This chapter applies act shall

14  apply to the operations of any mover or moving broker engaged

15  in the intrastate transportation or shipment of household

16  goods originating in this state and terminating in this

17  state., except This chapter does act shall not apply be

18  construed to include shipments contracted by the United

19  States, the state, or any local government or political

20  subdivision of the state. The provisions of this act shall

21  only apply to the transportation of household goods

22  originating in this state and terminating in this state.

23         (3)  It is the intent of This chapter is intended act

24  to secure the satisfaction and confidence of shippers and

25  members of the public when using a mover.

26         (4)  Nothing in This chapter does not supersede act

27  shall be construed to remove the authority or jurisdiction of

28  any federal agency for with respect to goods or services

29  regulated or controlled under other provisions of law.

30         Section 4.  Section 507.03, Florida Statutes, is

31  amended to read:

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 1         507.03  Registration.--

 2         (1)  Each mover and moving broker must shall annually

 3  register with the department, providing its legal business and

 4  trade name, mailing address, and business locations; the full

 5  names, addresses, and telephone numbers of its owners or

 6  corporate officers and directors and the Florida agent of the

 7  corporation; a statement whether it is a domestic or foreign

 8  corporation, its state and date of incorporation, its charter

 9  number, and, if a foreign corporation, the date it registered

10  with the Department of State of Florida, and occupational

11  license where applicable; the date on which the a mover or

12  broker registered its fictitious name if the mover or broker

13  is operating under a fictitious or trade name; the name of all

14  other corporations, business entities, and trade names through

15  which each owner of the mover or broker operated, was known,

16  or did business as a mover or moving broker within the

17  preceding 5 years; and proof of the insurance or alternative

18  coverages coverage as required under s. 507.04 by this act.

19         (2)  A certificate evidencing proof of registration

20  shall be issued by the department and must be prominently

21  displayed in the mover's or broker's primary place of

22  business.

23         (3)  Registration fees shall be $300 per year per mover

24  or moving broker. All amounts collected shall be deposited by

25  the Chief Financial Officer to the credit of the General

26  Inspection Trust Fund of the department for the sole purpose

27  of administration of this chapter act.

28         (4)  Any mover or moving broker whose principal place

29  of business is located in a county or municipality that

30  requires, by local ordinance, a local license or registration

31  to engage in the business of moving and storage of household

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 1  goods must shall obtain the license or registration from the

 2  such county or municipality. A mover or broker that obtains a

 3  such local license or registration must shall also be required

 4  to pay the state registration fee under subsection (3), and

 5  the department shall issue the mover a state certificate of

 6  registration upon submission of proof of the local license or

 7  registration by the mover.

 8         (5)  Each contract of a mover or moving broker must

 9  include the phrase "(NAME OF FIRM) is registered with the

10  State of Florida as a Mover or Moving Broker. Registration No.

11  ............................................................."

12         (6)  Each advertisement of a mover or moving broker

13  must include the phrase "Fla. Mover Reg. No. ...." or "Fla. IM

14  No. ........................................................."

15  Each of the mover's vehicles must clearly and conspicuously

16  display a sign on the driver's side door which includes at

17  least one of these phrases in lettering of at least 1.5 inches

18  in height.

19         (7)  A No registration is not shall be valid for any

20  mover or broker transacting business at any place other than

21  that designated in the mover's or broker's its application,

22  unless the department is first notified in writing before in

23  advance of any change of location. A registration issued under

24  this chapter is act shall not be assignable, and the mover or

25  broker may shall not be permitted to conduct business under

26  more than one name except as registered. A mover or broker

27  desiring to change its registered name or location or

28  designated agent for service of process at a time other than

29  upon renewal of registration must shall notify the department

30  of the such change.

31  

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 1         (8)  The department may deny, or refuse to renew, or

 2  revoke the registration of any mover or moving broker based

 3  upon a determination that the mover or moving broker, or any

 4  of the mover's or moving broker's its directors, officers,

 5  owners, or general partners:

 6         (a)  Has failed to meet the requirements for

 7  registration as provided in this chapter act;

 8         (b)  Has been convicted of a crime involving fraud,

 9  dishonest dealing, or any other act of moral turpitude;

10         (c)  Has not satisfied a civil fine or penalty arising

11  out of any administrative or enforcement action brought by any

12  governmental agency or private person based upon conduct

13  involving fraud, dishonest dealing, or any violation of this

14  chapter act;

15         (d)  Has pending against him or her any criminal,

16  administrative, or enforcement proceedings in any

17  jurisdiction, based upon conduct involving fraud, dishonest

18  dealing, or any other act of moral turpitude; or

19         (e)  Has had a judgment entered against him or her in

20  any action brought by the department or the Department of

21  Legal Affairs under pursuant to this chapter act or ss.

22  501.201-501.213, the Florida Deceptive and Unfair Trade

23  Practices Act.

24         (9)  Each mover and moving broker shall provide

25  evidence of the current and valid insurance or alternative

26  coverages required under coverage as described in s. 507.04.

27         Section 5.  Section 507.04, Florida Statutes, is

28  amended to read:

29         (Substantial rewording of section. See

30         s. 507.04, F.S., for present text.)

31  

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 1         507.04  Required insurance coverages; liability

 2  limitations; valuation coverage.--

 3         (1)  LIABILITY INSURANCE.--

 4         (a)1.  Except as provided in paragraph (b), each mover

 5  operating in this state must maintain current and valid

 6  liability insurance coverage of at least $10,000 per shipment

 7  for the loss or damage of household goods resulting from the

 8  negligence of the mover or its employees or agents.

 9         2.  The mover must provide the department with evidence

10  of liability insurance coverage before the mover is registered

11  with the department under s. 507.03. All insurance coverage

12  maintained by a mover must remain in effect throughout the

13  mover's registration period. A mover's failure to maintain

14  insurance coverage in accordance with this paragraph

15  constitutes an immediate threat to the public health, safety,

16  and welfare. If a mover fails to maintain insurance coverage,

17  the department may immediately suspend the mover's

18  registration or eligibility for registration and the mover

19  must immediately cease operating as a mover in this state. In

20  addition, and notwithstanding the availability of any

21  administrative relief pursuant to chapter 120, the department

22  may seek from the appropriate circuit court an immediate

23  injunction prohibiting the mover from operating in this state

24  until the mover complies with this paragraph and pays a civil

25  penalty not to exceed $5,000 and court costs.

26         (b)  A mover that operates two or fewer vehicles, in

27  lieu of maintaining the liability insurance coverage required

28  under paragraph (a), may, and each moving broker must,

29  maintain one of the following alternative coverages:

30  

31  

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 1         1.  A performance bond in the amount of $25,000, for

 2  which the surety of the bond must be a surety company

 3  authorized to conduct business in this state; or

 4         2.  A certificate of deposit in a Florida banking

 5  institution in the amount of $25,000.

 6  

 7  The original bond or certificate of deposit must be filed with

 8  the department and must designate the department as the sole

 9  beneficiary. The department must use the bond or certificate

10  of deposit exclusively for the payment of claims to consumers

11  who are injured by the fraud, misrepresentation, breach of

12  contract, misfeasance, malfeasance, or financial failure of

13  the mover or moving broker or by a violation of this chapter

14  by the mover or broker. Liability for these injuries may be

15  determined in an administrative proceeding of the department

16  or through a civil action in a court of competent

17  jurisdiction. However, claims against the bond or certificate

18  of deposit must be paid only, in amounts not to exceed the

19  determined liability for these injuries, by order of the

20  department in an administrative proceeding. The bond or

21  certificate of deposit is subject to successive claims, but

22  the aggregate amount of these claims may not exceed the amount

23  of the bond or certificate of deposit.

24         (2)  MOTOR VEHICLE INSURANCE.--Each mover operating in

25  this state must maintain current and valid motor vehicle

26  insurance coverage, including combined bodily injury and

27  property damage liability coverage in the following minimum

28  amounts:

29         (a)  Fifty thousand dollars per occurrence for a

30  commercial motor vehicle with a gross weight of less than

31  35,000 pounds.

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 1         (b)  One hundred thousand dollars per occurrence for a

 2  commercial motor vehicle with a gross weight of 35,000 pounds

 3  or more, but less than 44,000 pounds.

 4         (c)  Three hundred thousand dollars per occurrence for

 5  a commercial motor vehicle with a gross weight of 44,000

 6  pounds or more.

 7         (3)  INSURANCE COVERAGES.--The insurance coverages

 8  required under paragraph (1)(a) and subsection (2) must be

 9  issued by an insurance company or carrier licensed to transact

10  business in this state under the Florida Insurance Code as

11  defined in s. 624.01. The department shall require a mover to

12  present a certificate of insurance of the required coverages

13  before issuance or renewal of a registration certificate under

14  s. 507.03. The department shall be named as a

15  certificateholder in the certificate and must be notified at

16  least 30 days before any changes in insurance coverage.

17         (4)  LIABILITY LIMITATIONS; VALUATION RATES.--A mover

18  may not limit its liability for the loss or damage of

19  household goods to a valuation rate that is less than 60 cents

20  per pound per article. A provision of a contract for moving

21  services is void if the provision limits a mover's liability

22  to a valuation rate that is less than this minimum rate. If a

23  mover limits its liability for a shipper's goods, the mover

24  must disclose the limitation, including the valuation rate, to

25  the shipper in writing at the time that the estimate and

26  contract for services is executed and before any moving or

27  accessorial services are provided. The disclosure must also

28  inform the shipper of the opportunity to purchase valuation

29  coverage if the mover offers that coverage under subsection

30  (5).

31  

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 1         (5)  VALUATION COVERAGE.--A mover may offer valuation

 2  coverage to compensate a shipper for the loss or damage of the

 3  shipper's household goods that are lost or damaged during a

 4  household move. If a mover offers valuation coverage, the

 5  coverage must indemnify the shipper for at least the minimum

 6  valuation rate required under subsection (4). The mover must

 7  disclose the terms of the coverage to the shipper in writing

 8  at the time that the estimate and contract for services is

 9  executed and before any moving or accessorial services are

10  provided. The disclosure must inform the shipper of the cost

11  of the valuation coverage, the valuation rate of the coverage,

12  and the opportunity to reject the coverage. If valuation

13  coverage compensates a shipper for at least the minimum

14  valuation rate required under subsection (4), the coverage

15  satisfies the mover's liability for the minimum valuation

16  rate.

17         Section 6.  Section 507.05, Florida Statutes, is

18  amended to read:

19         507.05  Estimates and contracts for service.--Before

20  Prior to providing any moving or accessorial services, a

21  contract and estimate must be provided to a prospective

22  shipper in writing, must be signed and dated by the shipper

23  and the mover, and must include:

24         (1)  The name, telephone number, and physical address

25  where the mover's employees are available during normal

26  business hours.

27         (2)  The date the contract or estimate is prepared and

28  any proposed date of the move.

29         (3)  The name and address of the shipper, the addresses

30  where the articles items are to be picked up and delivered,

31  and a telephone number where the shipper may be reached.

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 1         (4)  The name, telephone number, and physical address

 2  of any location where the goods will be held pending further

 3  transportation, including situations where the mover retains

 4  possession of goods pending resolution of a fee dispute with

 5  the shipper.

 6         (5)  An itemized breakdown and description and total of

 7  all costs and services for loading, transportation or

 8  shipment, unloading, and accessorial services to be provided

 9  during a household move or storage of household goods.

10         (6)  Acceptable forms of payment.  A mover shall accept

11  a minimum of two of the three following forms of payment:

12         (a)  Cash, cashier's check, money order, or traveler's

13  check;

14         (b)  Valid personal check, showing upon its face the

15  name and address of the shipper or authorized representative;

16  or

17         (c)  Valid credit card, which shall include, but not be

18  limited to, Visa or MasterCard.

19  

20  A mover must shall clearly and conspicuously disclose to the

21  shipper in the estimate and contract for services the forms of

22  payments the mover will accept, including the forms of payment

23  from those categories described in paragraphs (a)-(c).

24         Section 7.  Section 507.06, Florida Statutes, is

25  amended to read:

26         507.06  Delivery and storage of household goods.--

27         (1)  A mover must relinquish household goods to a

28  shipper and must place the goods inside a shipper's dwelling

29  or, if directed by the shipper, inside a storehouse or

30  warehouse that is owned or rented by the shipper or the

31  shipper's agent, unless the shipper has not tendered payment

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 1  in the amount specified in a written contract or estimate

 2  signed and dated by the shipper. A mover may not refuse to

 3  relinquish prescription medicines and goods for use by

 4  children, including children's furniture, clothing, or toys,

 5  under any circumstances.

 6         (2)  A mover may not refuse to relinquish household

 7  goods to a shipper or fail to place the goods inside a

 8  shipper's dwelling or, if directed by the shipper, inside a

 9  storehouse or warehouse that is owned or rented by the shipper

10  or the shipper's agent, based on the mover's refusal to accept

11  an acceptable form of payment.

12         (3)  A mover that lawfully fails to relinquish a

13  shipper's household goods may place the goods in storage until

14  payment is tendered; however, the mover must notify the

15  shipper of the location where the goods are stored and the

16  amount due within 5 days after receipt of a written request

17  for that information from the shipper, which request must

18  include the address where the shipper may receive the notice.

19  A mover may not require a prospective shipper to waive any

20  rights or requirements under this section.

21         Section 8.  Section 507.07, Florida Statutes, is

22  amended to read:

23         507.07  Violations.--It is a violation of this chapter

24  act to:

25         (1)  Conduct business as a mover or moving broker, or

26  advertise to engage in the business of moving or offering to

27  move, without first being registered annually with the

28  department.

29         (2)  Knowingly make any false statement,

30  representation, or certification in any application, document,

31  

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 1  or record required to be submitted or retained under this

 2  chapter act.

 3         (3)  Misrepresent or deceptively represent:

 4         (a)  The contract for services, bill of lading, or

 5  inventory of household goods for the move estimated.

 6         (b)  The timeframe or schedule for delivery or storage

 7  of household goods estimated.

 8         (c)  The price, size, nature, extent, qualities, or

 9  characteristics of accessorial or moving services offered.

10         (d)  The nature or extent of other goods, services, or

11  amenities offered.

12         (e)  A shipper's rights, privileges, or benefits.

13         (4)  Fail to honor and comply with all provisions of

14  the contract for services or bill of lading regarding the

15  purchaser's rights, benefits, and privileges thereunder.

16         (5)  Withhold delivery of household goods or in any way

17  hold goods in storage against the expressed wishes of the

18  shipper if payment has been made as delineated in the estimate

19  or contract for services.

20         (6)(a)  Include in any contract any provision

21  purporting to waive or limit any right or benefit provided to

22  shippers under this chapter act.

23         (b)  Seek or solicit a such waiver or acceptance of

24  limitation from a shipper concerning rights or benefits

25  provided under this chapter act.

26         (c)  Use a local mailing address, registration

27  facility, drop box, or answering service in the promotion,

28  advertising, solicitation, or sale of contracts, unless the

29  mover's, and, if applicable, the moving broker's, fixed

30  business address is clearly disclosed during any telephone

31  

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 1  solicitation and is prominently and conspicuously disclosed on

 2  all solicitation materials and on the contract.

 3         (d)  Commit Do any other act of which constitutes

 4  fraud, misrepresentation, or failure to disclose a material

 5  fact.

 6         (e)  Refuse or fail, or for any of the mover's or

 7  broker's principal officers to refuse or fail, after notice,

 8  to produce any document or record or disclose any information

 9  required to be produced or disclosed.

10         (f)  Knowingly make a material false statement in

11  response to any request or investigation by the department,

12  the Department of Legal Affairs, or the state attorney.

13         Section 9.  Section 507.08, Florida Statutes, is

14  amended to read:

15         507.08  Deceptive and unfair trade practice.--Acts,

16  conduct, practices, omissions, failings, misrepresentations,

17  or nondisclosures committed in which constitute a violation of

18  this chapter are act also constitute a deceptive and unfair

19  trade practices under practice for the purpose of ss.

20  501.201-501.213, the Florida Deceptive and Unfair Trade

21  Practices Act, and administrative rules adopted in accordance

22  with the act thereunder.

23         Section 10.  Section 507.09, Florida Statutes, is

24  amended to read:

25         507.09  Administrative remedies; penalties.--

26         (1)  The department may enter an order doing one or

27  more of the following if the department finds that a mover or

28  moving broker, or a person employed or contracted by a mover

29  or broker, has violated or is operating in violation of any of

30  the provisions of this chapter act or the rules or orders

31  issued in accordance with this chapter thereunder:

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 1         (a)  Issuing a notice of noncompliance under pursuant

 2  to s. 120.695.

 3         (b)  Imposing an administrative fine not to exceed

 4  $5,000 for each act or omission.

 5         (c)  Directing that the person cease and desist

 6  specified activities.

 7         (d)  Refusing to register or revoking or suspending a

 8  registration.

 9         (e)  Placing the registrant on probation for a period

10  of time, subject to the such conditions specified by as the

11  department may specify.

12         (2)  The administrative proceedings which could result

13  in the entry of an order imposing any of the penalties

14  specified in subsection (1) are governed by chapter 120.

15         (3)  The department may has the authority to adopt

16  rules under ss. 120.536(1) and 120.54 pursuant to chapter 120

17  to administer implement this chapter act.

18         Section 11.  Section 507.10, Florida Statutes, is

19  amended to read:

20         507.10  Civil penalties; remedies.--

21         (1)  The department may institute a civil action in a

22  court of competent jurisdiction to recover any penalties or

23  damages authorized allowed in this chapter act and for

24  injunctive relief to enforce compliance with this chapter act.

25         (2)  The department may seek a civil penalty of up to

26  $5,000 for each violation of this chapter act.

27         (3)  The department may seek restitution for and on

28  behalf of any shipper aggrieved or injured by a violation of

29  this chapter act.

30         (4)  Any provision in a contract for services or bill

31  of lading from a mover or moving broker that purports to

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 1  waive, limit, restrict, or avoid any of the duties,

 2  obligations, or prescriptions of the mover or broker, as

 3  provided in this chapter act, is void and unenforceable and

 4  against public policy.

 5         (5)  The remedies provided in this chapter act are in

 6  addition to any other remedies available for the same conduct,

 7  including those provided in local ordinances.

 8         (6)  Upon motion of the department in any action

 9  brought under this chapter act, the court may make appropriate

10  orders, including appointment of a master or receiver or

11  sequestration of assets, to reimburse shippers found to have

12  been damaged, to carry out a consumer transaction in

13  accordance with the shipper's reasonable expectations, or to

14  grant other appropriate relief.

15         Section 12.  Section 507.11, Florida Statutes, is

16  amended to read:

17         507.11  Criminal penalties.--

18         (1)  The refusal of a mover or a mover's employee,

19  agent, or contractor to comply with an order from a law

20  enforcement officer to relinquish a shipper's household goods

21  after the officer determines that the shipper has tendered

22  payment of the amount of a written estimate or contract, or

23  after the officer determines that the mover did not produce a

24  signed estimate or contract upon which demand is being made

25  for payment, is a felony of the third degree, punishable as

26  provided in s. 775.082, s. 775.083, or s. 775.084. A mover's

27  compliance with an order from a law enforcement officer to

28  relinquish goods to a shipper is not a waiver or finding of

29  fact regarding any right to seek further payment from the

30  shipper.

31  

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 1         (2)  Except as provided in subsection (1), any person

 2  or business that violates this chapter act commits a

 3  misdemeanor of the first degree, punishable as provided in s.

 4  775.082 or s. 775.083.

 5         Section 13.  Section 507.12, Florida Statutes, is

 6  amended to read:

 7         507.12  General Inspection Trust Fund; payments.--Any

 8  moneys recovered by the department as a penalty under this

 9  chapter act shall be deposited in the General Inspection Trust

10  Fund.

11         Section 14.  Section 507.13, Florida Statutes, is

12  amended to read:

13         507.13  Local regulation.--

14         (1)  The provisions of This chapter does act are not

15  intended to preempt local ordinances or regulations of a

16  county or municipality which that regulate transactions

17  relating to movers of household goods or moving brokers. As

18  provided in s. 507.03(4), counties and municipalities may

19  require, levy, or collect any registration fee or tax or

20  require the registration or bonding in any manner of any mover

21  or moving broker.

22         (2)  The department may enter into a cooperative

23  agreement with any county or municipality which that provides

24  for the referral, investigation, and prosecution of consumer

25  complaints alleging violations of this chapter act.

26         Section 15.  Section 205.1975, Florida Statutes, is

27  created to read:

28         205.1975  Household moving services; consumer

29  protection.--A county or municipality may not issue or renew

30  an occupational license for the operation of a mover or moving

31  broker under chapter 507 unless the mover or broker exhibits a

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 1  current registration from the Department of Agriculture and

 2  Consumer Services.

 3         Section 16.  This act shall take effect July 1, 2005.

 4  

 5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 6                         Senate Bill 970

 7                                 

 8  This CS makes technical changes to reference moving brokers in
    several instances, in which it was inadvertently omitted.
 9  
    The CS provides, notwithstanding the availability of any
10  administrative relief pursuant to ch. 120, F.S., the
    Department of Agriculture and Consumer Services may seek an
11  immediate injunction prohibiting a mover who fails to maintain
    the required insurance coverage from operating in this state
12  until certain criteria are met. This exemption relating to
    certain proceedings conducted by the Department of Agriculture
13  and Consumer Services against a mover who fails to maintain
    the required insurance coverage from hearing requirements of
14  the Administrative Procedure Act was removed from another
    section of the bill.
15  
    The CS includes misfeasance and malfeasance in the provision
16  relating to the authorized uses of the original bond or
    certificate of deposit for the payment of claims to consumers
17  who are injured.

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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