HB 167

1	A bill to be entitled
2	An act relating to household moving services; requesting
3	the Division of Statutory Revision to redesignate the
4	title of ch. 507, F.S.; amending s. 507.01, F.S.; revising
5	definitions; defining "household move," "moving broker,"
6	and "moving container"; amending s. 507.02, F.S.; revising
7	the construction, application, and intent of regulations
8	for household moving services; providing for application
9	to moving brokers; amending s. 507.03, F.S.; revising
10	mover registration provisions and providing for
11	application to moving brokers; requiring moving brokers to
12	register with the Department of Agriculture and Consumer
13	Services; providing requirements and fees for such
14	registration; providing for certificate of registration;
15	requiring display of the certificate; requiring brokers to
16	obtain local registration or license when required by the
17	county or municipality where the broker's principal place
18	of business is located; deleting provisions for issuance
19	by the department of a certificate of registration when a
20	mover submits proof of local license or registration;
21	revising requirements for content of contracts; revising
22	advertising requirements; requiring a mover's vehicles to
23	display certain signage; revising provisions for changes
24	in registration; providing for denial, refusal to renew,
25	or revocation of registration; revising requirements to
26	provide evidence of current and valid insurance coverage
27	to include certain alternative coverage; amending s.
28	507.04, F.S.; revising provisions requiring a mover to
29	maintain certain insurance coverages; requiring a mover to
30	submit evidence of liability insurance before
31	registration; providing requirements for liability
32	insurance coverage; authorizing the Department of
33	Agriculture and Consumer Services to suspend a mover's
34	registration and seek an injunction in circuit court if
35	the mover fails to maintain insurance coverage; providing
36	penalties; authorizing certain movers and requiring moving
37	brokers to maintain a performance bond or certificate of
38	deposit in lieu of certain liability insurance coverage;
39	providing requirements for the performance bond or
40	certificate of deposit; providing for payment of claims
41	pursuant to department order in an administrative
42	proceeding; revising requirements for motor vehicle
43	coverage; specifying that insurance coverages must be
44	issued by a licensed insurance company or carrier;
45	prohibiting certain limits of liability for a mover's loss
46	or damage of a shipper's goods; requiring certain
47	disclosures of liability limitations; authorizing a mover
48	to offer valuation coverage under specified conditions;
49	providing that valuation coverage meeting specified
50	conditions satisfies certain liability of a mover;
51	requiring certain disclosures of valuation coverage;
52	amending s. 507.05, F.S.; revising requirements for
53	content of contracts; amending s. 507.06, F.S.; revising
54	provisions for delivery and storage of household goods to
55	provide for delivery to a storehouse or warehouse;
56	amending s. 507.07, F.S.; requiring that moving brokers
57	annually register with the department; revising provisions
58	relating to prohibited acts and violations; specifying
59	that making certain false statements is a violation
60	regardless of whether the statements are material;
61	amending s. 507.11, F.S.; providing penalties; amending
62	ss. 507.08, 507.09, 507.10, 507.12, and 507.13, F.S.,
63	relating to deceptive and unfair trade practice,
64	administrative remedies and penalties, civil penalties and
65	remedies, the General Inspection Trust Fund, and local
66	regulation; providing for application to moving brokers;
67	clarifying and conforming provisions; providing for the
68	adoption of rules; creating s. 205.1975, F.S.; prohibiting
69	a county or municipality from issuing or renewing an
70	occupational license to a mover or moving broker under
71	certain circumstances; providing an effective date.
72
73	Be It Enacted by the Legislature of the State of Florida:
74
75	Section 1.  The Division of Statutory Revision is requested
76	to redesignate the title of chapter 507, Florida Statutes, as
77	"HOUSEHOLD MOVING SERVICES."
78	Section 2.  Section 507.01, Florida Statutes, is amended to
79	read:
80	507.01  Definitions.--As used in this chapter For the
81	purposes of this act, the term:
82	(1)  "Accessorial services" means any service performed by
83	a mover which results in a charge to the shipper and is
84	incidental to the transportation or shipment of household goods
85	service, including, but not limited to, valuation coverage;
86	preparation of written inventory; equipment, including dollies,
87	hand trucks, pads, blankets, and straps; storage, packing,
88	unpacking, or crating of articles; hoisting or lowering; waiting
89	time; long carry, which is defined as carrying articles
90	excessive distances to or from between the mover's vehicle,
91	which may be cited as "long carry" and the residence; overtime
92	loading and unloading; reweighing; disassembly or reassembly;
93	elevator or stair carrying; boxing or servicing of appliances;
94	and furnishing of packing or crating materials. The term
95	includes Accessorial services also include services not
96	performed by the mover but performed by a third party at the
97	request of the shipper or mover, if the charges for these such
98	services are to be paid to the mover by the shipper at or before
99	prior to the time of delivery.
100	(2)  "Advertise" means to advise, announce, give notice of,
101	publish, or call attention by use of oral, written, or graphic
102	statement made in a newspaper or other publication or on radio
103	or television, any electronic medium, or contained in any
104	notice, handbill, sign, including signage on vehicle, flyer,
105	catalog or letter, or printed on or contained in any tag or
106	label attached to or accompanying any good.
107	(3)  "Compensation" means money, fee, emolument, quid pro
108	quo, barter, remuneration, pay, reward, indemnification, or
109	satisfaction.
110	(4)  "Contract for service" or "bill of lading" means a
111	written document approved by the shipper in writing before prior
112	to the performance of any service which authorizes services from
113	the named mover and lists the services and all costs associated
114	with the transportation of household move goods and accessorial
115	services to be performed.
116	(5)  "Department" means the Department of Agriculture and
117	Consumer Services.
118	(6)  "Estimate" means a written document that which sets
119	forth the total costs, cost and describes the basis of those
120	such costs, relating related to a shipper's household move,
121	including which shall include, but not be limited to, the
122	loading, transportation or shipment, and unloading of household
123	goods and accessorial services.
124	(7)  "Household goods" or "goods" means personal effects or
125	other personal property commonly found in a home, personal
126	residence, storage facility, or other dwelling location,
127	including, but not limited to, household furniture. The term
128	property in a storehouse or warehouse facility that is owned or
129	rented by a shipper or shipper's agent, but does not include
130	freight or personal property moving to or from a factory, store,
131	or other place of business.
132	(8)  "Household move" or "move" means the loading of
133	household goods into a vehicle, moving container, or other mode
134	of transportation or shipment; the transportation or shipment of
135	those household goods; and the unloading of those household
136	goods, when the transportation or shipment originates and
137	terminates at one of the following ultimate locations,
138	regardless of whether the mover temporarily stores the goods
139	while en route between the originating and terminating
140	locations:
141	(a)  From one dwelling to another dwelling;
142	(b)  From a dwelling to a storehouse or warehouse that is
143	owned or rented by the shipper or the shipper's agent; or
144	(c)  From a storehouse or warehouse that is owned or rented
145	by the shipper or the shipper's agent to a dwelling.
146	(9)(8)  "Mover" means a any person who, for compensation,
147	contracts for or engages in the loading, transportation or
148	shipment, or unloading of household goods as part of a household
149	move for compensation. The term does not include a postal,
150	courier, envelope, or package service that does not advertise
151	itself as a mover or moving service.
152	(10)  "Moving broker" or "broker" means a person who, for
153	compensation, arranges for another person to load, transport or
154	ship, or unload household goods as part of a household move or
155	who, for compensation, refers a shipper to a mover by telephone,
156	postal or electronic mail, Internet website, or other means.
157	(11)  "Moving container" means a receptacle holding at
158	least 225 cubic feet of volume which is used to transport or
159	ship household goods as part of a household move.
160	(12)(9)  "Shipper" means a any person who uses the services
161	of a mover to transport or ship household goods as part of a
162	household move.
163	(13)(10)  "Storage" means the warehousing of a the
164	shipper's goods while under the care, custody, and control of
165	the mover.
166	Section 3.  Section 507.02, Florida Statutes, is amended to
167	read:
168	507.02  Construction; intent; application.--
169	(1)  This chapter The provisions of this act shall be
170	construed liberally to:
171	(a)  Establish the law of this state governing the loading,
172	transportation or, shipment, unloading, and affiliated storage
173	of household goods as part of household moves.
174	(b)  Address household moving practices in this state in a
175	manner that is not inconsistent with federal law governing
176	relating to consumer protection.
177	(2)  This chapter applies The provisions of this act shall
178	apply to the operations of any mover or moving broker engaged in
179	the intrastate transportation or shipment of household goods
180	originating in this state and terminating in this state. This
181	chapter does not apply to, except this act shall not be
182	construed to include shipments contracted by the United States,
183	the state, or any local government or political subdivision of
184	the state. The provisions of this act shall only apply to the
185	transportation of household goods originating in this state and
186	terminating in this state.
187	(3)  This chapter is intended It is the intent of this act
188	to secure the satisfaction and confidence of shippers and
189	members of the public when using a mover.
190	(4)  This chapter does not supersede Nothing in this act
191	shall be construed to remove the authority or jurisdiction of
192	any federal agency for with respect to goods or services
193	regulated or controlled under other provisions of law.
194	Section 4.  Section 507.03, Florida Statutes, is amended to
195	read:
196	507.03  Registration.--
197	(1)  Each mover and moving broker must shall annually
198	register with the department, providing its legal business and
199	trade name, mailing address, and business locations; the full
200	names, addresses, and telephone numbers of its owners or
201	corporate officers and directors and the Florida agent of the
202	corporation; a statement whether it is a domestic or foreign
203	corporation, its state and date of incorporation, its charter
204	number, and, if a foreign corporation, the date it registered
205	with the Department of State of Florida, and occupational
206	license where applicable; the date on which the a mover or
207	broker registered its fictitious name if the mover or broker is
208	operating under a fictitious or trade name; the name of all
209	other corporations, business entities, and trade names through
210	which each owner of the mover or broker operated, was known, or
211	did business as a mover or moving broker within the preceding 5
212	years; and proof of the insurance or alternative coverages
213	coverage as required under s. 507.04 by this act.
214	(2)  A certificate evidencing proof of registration shall
215	be issued by the department and must be prominently displayed in
216	the mover's or broker's primary place of business.
217	(3)  Registration fees shall be $300 per year per mover or
218	moving broker. All amounts collected shall be deposited by the
219	Chief Financial Officer to the credit of the General Inspection
220	Trust Fund of the department for the sole purpose of
221	administration of this chapter act.
222	(4)  Any mover or moving broker whose principal place of
223	business is located in a county or municipality that requires,
224	by local ordinance, a local license or registration to engage in
225	the business of moving and storage of household goods must shall
226	obtain the license or registration from the such county or
227	municipality. A mover or broker that obtains a such local
228	license or registration must shall also be required to pay the
229	state registration fee under subsection (3), and the department
230	shall issue the mover a state certificate of registration upon
231	submission of proof of the local license or registration by the
232	mover.
233	(5)  Each contract of a mover or moving broker must include
234	the phrase "(NAME OF FIRM) is registered with the State of
235	Florida as a Mover or Moving Broker. Registration No. ...."
236	(6)  Each advertisement of a mover or moving broker must
237	include the phrase "Fla. Mover Reg. No. ...." or "Fla. IM No.
238	...." Each of the mover's vehicles must clearly and
239	conspicuously display a sign on the driver's side door which
240	includes at least one of these phrases in lettering of at least
241	1.5 inches in height.
242	(7)  A No registration is not shall be valid for any mover
243	or broker transacting business at any place other than that
244	designated in the mover's or broker's its application, unless
245	the department is first notified in writing before in advance of
246	any change of location. A registration issued under this chapter
247	is not act shall not be assignable, and the mover or broker may
248	shall not be permitted to conduct business under more than one
249	name except as registered. A mover or broker desiring to change
250	its registered name or location or designated agent for service
251	of process at a time other than upon renewal of registration
252	must shall notify the department of the such change.
253	(8)  The department may deny, or refuse to renew, or revoke
254	the registration of any mover or moving broker based upon a
255	determination that the mover or moving broker, or any of the
256	mover's or moving broker's its directors, officers, owners, or
257	general partners:
258	(a)  Has failed to meet the requirements for registration
259	as provided in this chapter act;
260	(b)  Has been convicted of a crime involving fraud,
261	dishonest dealing, or any other act of moral turpitude;
262	(c)  Has not satisfied a civil fine or penalty arising out
263	of any administrative or enforcement action brought by any
264	governmental agency or private person based upon conduct
265	involving fraud, dishonest dealing, or any violation of this
266	chapter act;
267	(d)  Has pending against him or her any criminal,
268	administrative, or enforcement proceedings in any jurisdiction,
269	based upon conduct involving fraud, dishonest dealing, or any
270	other act of moral turpitude; or
271	(e)  Has had a judgment entered against him or her in any
272	action brought by the department or the Department of Legal
273	Affairs under this chapter pursuant to this act or ss. 501.201-
274	501.213, the Florida Deceptive and Unfair Trade Practices Act.
275	(9)  Each mover and moving broker shall provide evidence of
276	the current and valid insurance or alternative coverages
277	required under coverage as described in s. 507.04.
278	Section 5.  Section 507.04, Florida Statutes, is amended to
279	read:
280	(Substantial rewording of section. See
281	s. 507.04, F.S., for present text.)
282	507.04  Required insurance coverages; liability
283	limitations; valuation coverage.--
284	(1)  LIABILITY INSURANCE.--
285	(a)1.  Except as provided in paragraph (b), each mover
286	operating in this state must maintain current and valid
287	liability insurance coverage of at least $10,000 per shipment
288	for the loss or damage of household goods resulting from the
289	negligence of the mover or its employees or agents.
290	2.  The mover must provide the department with evidence of
291	liability insurance coverage before the mover is registered with
292	the department under s. 507.03. All insurance coverage
293	maintained by a mover must remain in effect throughout the
294	mover's registration period. A mover's failure to maintain
295	insurance coverage in accordance with this paragraph constitutes
296	an immediate threat to the public health, safety, and welfare.
297	If a mover fails to maintain insurance coverage, the department
298	may immediately suspend the mover's registration or eligibility
299	for registration and the mover must immediately cease operating
300	as a mover in this state. In addition, and notwithstanding the
301	availability of any administrative relief pursuant to chapter
302	120, the department may seek from the appropriate circuit court
303	an immediate injunction prohibiting the mover from operating in
304	this state until the mover complies with this paragraph, a civil
305	penalty not to exceed $5,000, and court costs.
306	(b)  A mover that operates two or fewer vehicles, in lieu
307	of maintaining the liability insurance coverage required under
308	paragraph (a), may, and each moving broker must, maintain one of
309	the following alternative coverages:
310	1.  A performance bond in the amount of $25,000, for which
311	the surety of the bond must be a surety company authorized to
312	conduct business in this state; or
313	2.  A certificate of deposit in a Florida banking
314	institution in the amount of $25,000.
315
316	The original bond or certificate of deposit must be filed with
317	the department and must designate the department as the sole
318	beneficiary. The department must use the bond or certificate of
319	deposit exclusively for the payment of claims to consumers who
320	are injured by the fraud, misrepresentation, breach of contract,
321	misfeasance, malfeasance, or financial failure of the mover or
322	moving broker or by a violation of this chapter by the mover or
323	broker. Liability for these injuries may be determined in an
324	administrative proceeding of the department or through a civil
325	action in a court of competent jurisdiction. However, claims
326	against the bond or certificate of deposit must only be paid, in
327	amounts not to exceed the determined liability for these
328	injuries, by order of the department in an administrative
329	proceeding. The bond or certificate of deposit is subject to
330	successive claims, but the aggregate amount of these claims may
331	not exceed the amount of the bond or certificate of deposit.
332	(2)  MOTOR VEHICLE INSURANCE.--Each mover operating in this
333	state must maintain current and valid motor vehicle insurance
334	coverage, including combined bodily injury and property damage
335	liability coverage in the following minimum amounts:
336	(a)  Fifty thousand dollars per occurrence for a commercial
337	motor vehicle with a gross weight of less than 35,000 pounds.
338	(b)  One hundred thousand dollars per occurrence for a
339	commercial motor vehicle with a gross weight of 35,000 pounds or
340	more, but less than 44,000 pounds.
341	(c)  Three hundred thousand dollars per occurrence for a
342	commercial motor vehicle with a gross weight of 44,000 pounds or
343	more.
344	(3)  INSURANCE COVERAGES.--The insurance coverages required
345	under paragraph (1)(a) and subsection (2) must be issued by an
346	insurance company or carrier licensed to transact business in
347	this state under the Florida Insurance Code as designated in s.
348	624.01. The department shall require a mover to present a
349	certificate of insurance of the required coverages before
350	issuance or renewal of a registration certificate under s.
351	507.03. The department shall be named as a certificateholder in
352	the certificate and must be notified at least 30 days before any
353	changes in insurance coverage.
354	(4)  LIABILITY LIMITATIONS; VALUATION RATES.--A mover may
355	not limit its liability for the loss or damage of household
356	goods to a valuation rate that is less than 60 cents per pound
357	per article. A provision of a contract for moving services is
358	void if the provision limits a mover's liability to a valuation
359	rate that is less than the minimum rate under this subsection.
360	If a mover limits its liability for a shipper's goods, the mover
361	must disclose the limitation, including the valuation rate, to
362	the shipper in writing at the time that the estimate and
363	contract for services are executed and before any moving or
364	accessorial services are provided. The disclosure must also
365	inform the shipper of the opportunity to purchase valuation
366	coverage if the mover offers that coverage under subsection (5).
367	(5)  VALUATION COVERAGE.--A mover may offer valuation
368	coverage to compensate a shipper for the loss or damage of the
369	shipper's household goods that are lost or damaged during a
370	household move. If a mover offers valuation coverage, the
371	coverage must indemnify the shipper for at least the minimum
372	valuation rate required under subsection (4). The mover must
373	disclose the terms of the coverage to the shipper in writing at
374	the time that the estimate and contract for services are
375	executed and before any moving or accessorial services are
376	provided. The disclosure must inform the shipper of the cost of
377	the valuation coverage, the valuation rate of the coverage, and
378	the opportunity to reject the coverage. If valuation coverage
379	compensates a shipper for at least the minimum valuation rate
380	required under subsection (4), the coverage satisfies the
381	mover's liability for the minimum valuation rate.
382	Section 6.  Section 507.05, Florida Statutes, is amended to
383	read:
384	507.05  Estimates and contracts for service.--Before Prior
385	to providing any moving or accessorial services, a contract and
386	estimate must be provided to a prospective shipper in writing,
387	must be signed and dated by the shipper and the mover, and must
388	include:
389	(1)  The name, telephone number, and physical address where
390	the mover's employees are available during normal business
391	hours.
392	(2)  The date the contract or estimate is prepared and any
393	proposed date of the move.
394	(3)  The name and address of the shipper, the addresses
395	where the articles items are to be picked up and delivered, and
396	a telephone number where the shipper may be reached.
397	(4)  The name, telephone number, and physical address of
398	any location where the goods will be held pending further
399	transportation, including situations where the mover retains
400	possession of goods pending resolution of a fee dispute with the
401	shipper.
402	(5)  An itemized breakdown and description and total of all
403	costs and services for loading, transportation or shipment,
404	unloading, and accessorial services to be provided during a
405	household move or storage of household goods.
406	(6)  Acceptable forms of payment. A mover shall accept a
407	minimum of two of the three following forms of payment:
408	(a)  Cash, cashier's check, money order, or traveler's
409	check;
410	(b)  Valid personal check, showing upon its face the name
411	and address of the shipper or authorized representative; or
412	(c)  Valid credit card, which shall include, but not be
413	limited to, Visa or MasterCard.
414
415	A mover must shall clearly and conspicuously disclose to the
416	shipper in the estimate and contract for services the forms of
417	payments the mover will accept, including the forms of payment
418	from those categories described in paragraphs (a)-(c).
419	Section 7.  Section 507.06, Florida Statutes, is amended to
420	read:
421	507.06  Delivery and storage of household goods.--
422	(1)  A mover must relinquish household goods to a shipper
423	and must place the goods inside a shipper's dwelling or, if
424	directed by the shipper, inside a storehouse or warehouse that
425	is owned or rented by the shipper or the shipper's agent, unless
426	the shipper has not tendered payment in the amount specified in
427	a written contract or estimate signed and dated by the shipper.
428	A mover may not refuse to relinquish prescription medicines and
429	goods for use by children, including children's furniture,
430	clothing, or toys, under any circumstances.
431	(2)  A mover may not refuse to relinquish household goods
432	to a shipper or fail to place the goods inside a shipper's
433	dwelling or, if directed by the shipper, inside a storehouse or
434	warehouse that is owned or rented by the shipper or the
435	shipper's agent, based on the mover's refusal to accept an
436	acceptable form of payment.
437	(3)  A mover that lawfully fails to relinquish a shipper's
438	household goods may place the goods in storage until payment is
439	tendered; however, the mover must notify the shipper of the
440	location where the goods are stored and the amount due within 5
441	days after receipt of a written request for that information
442	from the shipper, which request must include the address where
443	the shipper may receive the notice. A mover may not require a
444	prospective shipper to waive any rights or requirements under
445	this section.
446	Section 8.  Section 507.07, Florida Statutes, is amended to
447	read:
448	507.07  Violations.--It is a violation of this chapter act
449	to:
450	(1)  Conduct business as a mover or moving broker, or
451	advertise to engage in the business of moving or offering to
452	move, without first being registered annually with the
453	department.
454	(2)  Knowingly make any false statement, representation, or
455	certification in any application, document, or record required
456	to be submitted or retained under this chapter act.
457	(3)  Misrepresent or deceptively represent:
458	(a)  The contract for services, bill of lading, or
459	inventory of household goods for the move estimated.
460	(b)  The timeframe or schedule for delivery or storage of
461	household goods estimated.
462	(c)  The price, size, nature, extent, qualities, or
463	characteristics of accessorial or moving services offered.
464	(d)  The nature or extent of other goods, services, or
465	amenities offered.
466	(e)  A shipper's rights, privileges, or benefits.
467	(4)  Fail to honor and comply with all provisions of the
468	contract for services or bill of lading regarding the
469	purchaser's rights, benefits, and privileges thereunder.
470	(5)  Withhold delivery of household goods or in any way
471	hold goods in storage against the expressed wishes of the
472	shipper if payment has been made as delineated in the estimate
473	or contract for services.
474	(6)(a)  Include in any contract any provision purporting to
475	waive or limit any right or benefit provided to shippers under
476	this chapter act.
477	(b)  Seek or solicit a such waiver or acceptance of
478	limitation from a shipper concerning rights or benefits provided
479	under this chapter act.
480	(c)  Use a local mailing address, registration facility,
481	drop box, or answering service in the promotion, advertising,
482	solicitation, or sale of contracts, unless the mover's, and, if
483	applicable, the moving broker's, fixed business address is
484	clearly disclosed during any telephone solicitation and is
485	prominently and conspicuously disclosed on all solicitation
486	materials and on the contract.
487	(d)  Commit Do any other act of which constitutes fraud,
488	misrepresentation, or failure to disclose a material fact.
489	(e)  Refuse or fail, or for any of the mover's or broker's
490	principal officers to refuse or fail, after notice, to produce
491	any document or record or disclose any information required to
492	be produced or disclosed.
493	(f)  Knowingly make a material false statement in response
494	to any request or investigation by the department, the
495	Department of Legal Affairs, or the state attorney.
496	Section 9.  Section 507.08, Florida Statutes, is amended to
497	read:
498	507.08  Deceptive and unfair trade practice.--Acts,
499	conduct, practices, omissions, failings, misrepresentations, or
500	nondisclosures committed in which constitute a violation of this
501	chapter are act also constitute a deceptive and unfair trade
502	practices under practice for the purpose of ss. 501.201-501.213,
503	the Florida Deceptive and Unfair Trade Practices Act, and
504	administrative rules adopted in accordance with the act
505	thereunder.
506	Section 10.  Section 507.09, Florida Statutes, is amended
507	to read:
508	507.09  Administrative remedies; penalties.--
509	(1)  The department may enter an order doing one or more of
510	the following if the department finds that a mover or moving
511	broker, or a person employed or contracted by a mover or broker,
512	has violated or is operating in violation of any of the
513	provisions of this chapter act or the rules or orders issued in
514	accordance with this chapter thereunder:
515	(a)  Issuing a notice of noncompliance under pursuant to s.
516	120.695.
517	(b)  Imposing an administrative fine not to exceed $5,000
518	for each act or omission.
519	(c)  Directing that the person cease and desist specified
520	activities.
521	(d)  Refusing to register or revoking or suspending a
522	registration.
523	(e)  Placing the registrant on probation for a period of
524	time, subject to the such conditions specified by as the
525	department may specify.
526	(2)  The administrative proceedings which could result in
527	the entry of an order imposing any of the penalties specified in
528	subsection (1) are governed by chapter 120.
529	(3)  The department may adopt rules under ss. 120.536(1)
530	and 120.54 to administer this chapter has the authority to adopt
531	rules pursuant to chapter 120 to implement this act.
532	Section 11.  Section 507.10, Florida Statutes, is amended
533	to read:
534	507.10  Civil penalties; remedies.--
535	(1)  The department may institute a civil action in a court
536	of competent jurisdiction to recover any penalties or damages
537	authorized allowed in this chapter act and for injunctive relief
538	to enforce compliance with this chapter act.
539	(2)  The department may seek a civil penalty of up to
540	$5,000 for each violation of this chapter act.
541	(3)  The department may seek restitution for and on behalf
542	of any shipper aggrieved or injured by a violation of this
543	chapter act.
544	(4)  Any provision in a contract for services or bill of
545	lading from a mover or moving broker that purports to waive,
546	limit, restrict, or avoid any of the duties, obligations, or
547	prescriptions of the mover or broker, as provided in this
548	chapter act, is void and unenforceable and against public
549	policy.
550	(5)  The remedies provided in this chapter act are in
551	addition to any other remedies available for the same conduct,
552	including those provided in local ordinances.
553	(6)  Upon motion of the department in any action brought
554	under this chapter act, the court may make appropriate orders,
555	including appointment of a master or receiver or sequestration
556	of assets, to reimburse shippers found to have been damaged, to
557	carry out a consumer transaction in accordance with the
558	shipper's reasonable expectations, or to grant other appropriate
559	relief.
560	Section 12.  Section 507.11, Florida Statutes, is amended
561	to read:
562	507.11  Criminal penalties.--
563	(1)  The refusal of a mover or a mover's employee, agent,
564	or contractor to comply with an order from a law enforcement
565	officer to relinquish a shipper's household goods after the
566	officer determines that the shipper has tendered payment of the
567	amount of a written estimate or contract, or after the officer
568	determines that the mover did not produce a signed estimate or
569	contract upon which demand is being made for payment, is a
570	felony of the third degree, punishable as provided in s.
571	775.082, s. 775.083, or s. 775.084. A mover's compliance with an
572	order from a law enforcement officer to relinquish goods to a
573	shipper is not a waiver or finding of fact regarding any right
574	to seek further payment from the shipper.
575	(2)  Except as provided in subsection (1), any person or
576	business that violates this chapter act commits a misdemeanor of
577	the first degree, punishable as provided in s. 775.082 or s.
578	775.083.
579	Section 13.  Section 507.12, Florida Statutes, is amended
580	to read:
581	507.12  General Inspection Trust Fund; payments.--Any
582	moneys recovered by the department as a penalty under this
583	chapter act shall be deposited in the General Inspection Trust
584	Fund.
585	Section 14.  Section 507.13, Florida Statutes, is amended
586	to read:
587	507.13  Local regulation.--
588	(1)  This chapter does not The provisions of this act are
589	not intended to preempt local ordinances or regulations of a
590	county or municipality which that regulate transactions relating
591	to movers of household goods or moving brokers. As provided in
592	s. 507.03(4), counties and municipalities may require, levy, or
593	collect any registration fee or tax or require the registration
594	or bonding in any manner of any mover or moving broker.
595	(2)  The department may enter into a cooperative agreement
596	with any county or municipality which that provides for the
597	referral, investigation, and prosecution of consumer complaints
598	alleging violations of this chapter act.
599	Section 15.  Section 205.1975, Florida Statutes, is created
600	to read:
601	205.1975  Household moving services; consumer
602	protection.--A county or municipality may not issue or renew an
603	occupational license for the operation of a mover or moving
604	broker under chapter 507 unless the mover or broker exhibits a
605	current registration from the Department of Agriculture and
606	Consumer Services.
607	Section 16.  This act shall take effect July 1, 2006.

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