HB 0167

CS

CHAMBER ACTION

1	The Agriculture & Environment Appropriations Committee
2	recommends the following:
3
4	Council/Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to household moving services; amending s.
8	83.803, F.S.; revising the definition of the term "self-
9	contained storage unit" to include smaller units;
10	requesting the Division of Statutory Revision to
11	redesignate the title of ch. 507, F.S.; amending s.
12	507.01, F.S.; revising definitions; defining "household
13	move," "moving broker," and "moving container"; amending
14	s. 507.02, F.S.; revising the construction, application,
15	and intent of regulations for household moving services;
16	providing for application to moving brokers; amending s.
17	507.03, F.S.; revising mover registration provisions and
18	providing for application to moving brokers; requiring
19	moving brokers to register with the Department of
20	Agriculture and Consumer Services; providing requirements
21	and fees for such registration; providing for certificate
22	of registration; requiring display of the certificate;
23	requiring brokers to obtain local registration or license
24	when required by the county or municipality where the
25	broker's principal place of business is located; deleting
26	provisions for issuance by the department of a certificate
27	of registration when a mover submits proof of local
28	license or registration; revising requirements for content
29	of contracts; revising advertising requirements; requiring
30	a mover's vehicles to display certain signage; revising
31	provisions for changes in registration; providing for
32	denial, refusal to renew, or revocation of registration;
33	revising requirements to provide evidence of current and
34	valid insurance coverage to include certain alternative
35	coverage; amending s. 507.04, F.S.; revising provisions
36	requiring a mover to maintain certain insurance coverages;
37	requiring a mover to submit evidence of liability
38	insurance before registration; providing requirements for
39	liability insurance coverage; authorizing the Department
40	of Agriculture and Consumer Services to suspend a mover's
41	registration and seek an injunction in circuit court if
42	the mover fails to maintain insurance coverage; providing
43	penalties; authorizing certain movers and requiring moving
44	brokers to maintain a performance bond or certificate of
45	deposit in lieu of certain liability insurance coverage;
46	providing requirements for the performance bond or
47	certificate of deposit; providing for payment of claims
48	pursuant to department order in an administrative
49	proceeding; revising requirements for motor vehicle
50	coverage; specifying that insurance coverages must be
51	issued by a licensed insurance company or carrier;
52	prohibiting certain limits of liability for a mover's loss
53	or damage of a shipper's goods; requiring certain
54	disclosures of liability limitations; authorizing a mover
55	to offer valuation coverage under specified conditions;
56	providing that valuation coverage meeting specified
57	conditions satisfies certain liability of a mover;
58	requiring certain disclosures of valuation coverage;
59	amending s. 507.05, F.S.; revising requirements for
60	content of contracts; amending s. 507.06, F.S.; revising
61	provisions for delivery and storage of household goods to
62	provide for delivery to a storehouse or warehouse;
63	amending s. 507.07, F.S.; requiring that moving brokers
64	annually register with the department; revising provisions
65	relating to prohibited acts and violations; specifying
66	that making certain false statements is a violation
67	regardless of whether the statements are material;
68	amending s. 507.11, F.S.; providing penalties; amending
69	ss. 507.08, 507.09, 507.10, 507.12, and 507.13, F.S.,
70	relating to deceptive and unfair trade practice,
71	administrative remedies and penalties, civil penalties and
72	remedies, the General Inspection Trust Fund, and local
73	regulation; providing for application to moving brokers;
74	clarifying and conforming provisions; providing for the
75	adoption of rules; creating s. 205.1975, F.S.; prohibiting
76	a county or municipality from issuing or renewing an
77	occupational license to a mover or moving broker under
78	certain circumstances; providing an effective date.
79
80	Be It Enacted by the Legislature of the State of Florida:
81
82	Section 1.  Subsection (2) of section 83.803, Florida
83	Statutes, is amended to read:
84	83.803  Definitions.--As used in ss. 83.801-83.809:
85	(2)  "Self-contained storage unit" means any unit not less
86	than 200 600 cubic feet in size, including, but not limited to,
87	a trailer, box, or other shipping container, which is leased by
88	a tenant primarily for use as storage space whether the unit is
89	located at a facility owned or operated by the owner or at
90	another location designated by the tenant.
91	Section 2.  The Division of Statutory Revision is requested
92	to redesignate the title of chapter 507, Florida Statutes, as
93	"HOUSEHOLD MOVING SERVICES."
94	Section 3.  Section 507.01, Florida Statutes, is amended to
95	read:
96	507.01  Definitions.--As used in this chapter For the
97	purposes of this act, the term:
98	(1)  "Accessorial services" means any service performed by
99	a mover which results in a charge to the shipper and is
100	incidental to the transportation or shipment of household goods
101	service, including, but not limited to, valuation coverage;
102	preparation of written inventory; equipment, including dollies,
103	hand trucks, pads, blankets, and straps; storage, packing,
104	unpacking, or crating of articles; hoisting or lowering; waiting
105	time; long carry, which is defined as carrying articles
106	excessive distances to or from between the mover's vehicle,
107	which may be cited as "long carry" and the residence; overtime
108	loading and unloading; reweighing; disassembly or reassembly;
109	elevator or stair carrying; boxing or servicing of appliances;
110	and furnishing of packing or crating materials. The term
111	includes Accessorial services also include services not
112	performed by the mover but performed by a third party at the
113	request of the shipper or mover, if the charges for these such
114	services are to be paid to the mover by the shipper at or before
115	prior to the time of delivery.
116	(2)  "Advertise" means to advise, announce, give notice of,
117	publish, or call attention by use of oral, written, or graphic
118	statement made in a newspaper or other publication or on radio
119	or television, any electronic medium, or contained in any
120	notice, handbill, sign, including signage on vehicle, flyer,
121	catalog or letter, or printed on or contained in any tag or
122	label attached to or accompanying any good.
123	(3)  "Compensation" means money, fee, emolument, quid pro
124	quo, barter, remuneration, pay, reward, indemnification, or
125	satisfaction.
126	(4)  "Contract for service" or "bill of lading" means a
127	written document approved by the shipper in writing before prior
128	to the performance of any service which authorizes services from
129	the named mover and lists the services and all costs associated
130	with the transportation of household move goods and accessorial
131	services to be performed.
132	(5)  "Department" means the Department of Agriculture and
133	Consumer Services.
134	(6)  "Estimate" means a written document that which sets
135	forth the total costs, cost and describes the basis of those
136	such costs, relating related to a shipper's household move,
137	including which shall include, but not be limited to, the
138	loading, transportation or shipment, and unloading of household
139	goods and accessorial services.
140	(7)  "Household goods" or "goods" means personal effects or
141	other personal property commonly found in a home, personal
142	residence, storage facility, or other dwelling location,
143	including, but not limited to, household furniture. The term
144	property in a storehouse or warehouse facility that is owned or
145	rented by a shipper or shipper's agent, but does not include
146	freight or personal property moving to or from a factory, store,
147	or other place of business.
148	(8)  "Household move" or "move" means the loading of
149	household goods into a vehicle, moving container, or other mode
150	of transportation or shipment; the transportation or shipment of
151	those household goods; and the unloading of those household
152	goods, when the transportation or shipment originates and
153	terminates at one of the following ultimate locations,
154	regardless of whether the mover temporarily stores the goods
155	while en route between the originating and terminating
156	locations:
157	(a)  From one dwelling to another dwelling;
158	(b)  From a dwelling to a storehouse or warehouse that is
159	owned or rented by the shipper or the shipper's agent; or
160	(c)  From a storehouse or warehouse that is owned or rented
161	by the shipper or the shipper's agent to a dwelling.
162	(9)(8)  "Mover" means a any person who, for compensation,
163	contracts for or engages in the loading, transportation or
164	shipment, or unloading of household goods as part of a household
165	move for compensation. The term does not include a postal,
166	courier, envelope, or package service that does not advertise
167	itself as a mover or moving service.
168	(10)  "Moving broker" or "broker" means a person who, for
169	compensation, arranges for another person to load, transport or
170	ship, or unload household goods as part of a household move or
171	who, for compensation, refers a shipper to a mover by telephone,
172	postal or electronic mail, Internet website, or other means.
173	(11)  "Moving container" means a receptacle holding at
174	least 200 cubic feet of volume which is used to transport or
175	ship household goods as part of a household move.
176	(12)(9)  "Shipper" means a any person who uses the services
177	of a mover to transport or ship household goods as part of a
178	household move.
179	(13)(10)  "Storage" means the warehousing of a the
180	shipper's goods while under the care, custody, and control of
181	the mover.
182	Section 4.  Section 507.02, Florida Statutes, is amended to
183	read:
184	507.02  Construction; intent; application.--
185	(1)  This chapter The provisions of this act shall be
186	construed liberally to:
187	(a)  Establish the law of this state governing the loading,
188	transportation or, shipment, unloading, and affiliated storage
189	of household goods as part of household moves.
190	(b)  Address household moving practices in this state in a
191	manner that is not inconsistent with federal law governing
192	relating to consumer protection.
193	(2)  This chapter applies The provisions of this act shall
194	apply to the operations of any mover or moving broker engaged in
195	the intrastate transportation or shipment of household goods
196	originating in this state and terminating in this state. This
197	chapter does not apply to, except this act shall not be
198	construed to include shipments contracted by the United States,
199	the state, or any local government or political subdivision of
200	the state. The provisions of this act shall only apply to the
201	transportation of household goods originating in this state and
202	terminating in this state.
203	(3)  This chapter is intended It is the intent of this act
204	to secure the satisfaction and confidence of shippers and
205	members of the public when using a mover.
206	(4)  This chapter does not supersede Nothing in this act
207	shall be construed to remove the authority or jurisdiction of
208	any federal agency for with respect to goods or services
209	regulated or controlled under other provisions of law.
210	Section 5.  Section 507.03, Florida Statutes, is amended to
211	read:
212	507.03  Registration.--
213	(1)  Each mover and moving broker must shall annually
214	register with the department, providing its legal business and
215	trade name, mailing address, and business locations; the full
216	names, addresses, and telephone numbers of its owners or
217	corporate officers and directors and the Florida agent of the
218	corporation; a statement whether it is a domestic or foreign
219	corporation, its state and date of incorporation, its charter
220	number, and, if a foreign corporation, the date it registered
221	with the Department of State of Florida, and occupational
222	license where applicable; the date on which the a mover or
223	broker registered its fictitious name if the mover or broker is
224	operating under a fictitious or trade name; the name of all
225	other corporations, business entities, and trade names through
226	which each owner of the mover or broker operated, was known, or
227	did business as a mover or moving broker within the preceding 5
228	years; and proof of the insurance or alternative coverages
229	coverage as required under s. 507.04 by this act.
230	(2)  A certificate evidencing proof of registration shall
231	be issued by the department and must be prominently displayed in
232	the mover's or broker's primary place of business.
233	(3)  Registration fees shall be $300 per year per mover or
234	moving broker. All amounts collected shall be deposited by the
235	Chief Financial Officer to the credit of the General Inspection
236	Trust Fund of the department for the sole purpose of
237	administration of this chapter act.
238	(4)  Any mover or moving broker whose principal place of
239	business is located in a county or municipality that requires,
240	by local ordinance, a local license or registration to engage in
241	the business of moving and storage of household goods must shall
242	obtain the license or registration from the such county or
243	municipality. A mover or broker that obtains a such local
244	license or registration must shall also be required to pay the
245	state registration fee under subsection (3), and the department
246	shall issue the mover a state certificate of registration upon
247	submission of proof of the local license or registration by the
248	mover.
249	(5)  Each contract of a mover or moving broker must include
250	the phrase "(NAME OF FIRM) is registered with the State of
251	Florida as a Mover or Moving Broker. Registration No. ...."
252	(6)  Each advertisement of a mover or moving broker must
253	include the phrase "Fla. Mover Reg. No. ...." or "Fla. IM No.
254	...." Each of the mover's vehicles must clearly and
255	conspicuously display a sign on the driver's side door which
256	includes at least one of these phrases in lettering of at least
257	1.5 inches in height.
258	(7)  A No registration is not shall be valid for any mover
259	or broker transacting business at any place other than that
260	designated in the mover's or broker's its application, unless
261	the department is first notified in writing before in advance of
262	any change of location. A registration issued under this chapter
263	is not act shall not be assignable, and the mover or broker may
264	shall not be permitted to conduct business under more than one
265	name except as registered. A mover or broker desiring to change
266	its registered name or location or designated agent for service
267	of process at a time other than upon renewal of registration
268	must shall notify the department of the such change.
269	(8)  The department may deny, or refuse to renew, or revoke
270	the registration of any mover or moving broker based upon a
271	determination that the mover or moving broker, or any of the
272	mover's or moving broker's its directors, officers, owners, or
273	general partners:
274	(a)  Has failed to meet the requirements for registration
275	as provided in this chapter act;
276	(b)  Has been convicted of a crime involving fraud,
277	dishonest dealing, or any other act of moral turpitude;
278	(c)  Has not satisfied a civil fine or penalty arising out
279	of any administrative or enforcement action brought by any
280	governmental agency or private person based upon conduct
281	involving fraud, dishonest dealing, or any violation of this
282	chapter act;
283	(d)  Has pending against him or her any criminal,
284	administrative, or enforcement proceedings in any jurisdiction,
285	based upon conduct involving fraud, dishonest dealing, or any
286	other act of moral turpitude; or
287	(e)  Has had a judgment entered against him or her in any
288	action brought by the department or the Department of Legal
289	Affairs under this chapter pursuant to this act or ss. 501.201-
290	501.213, the Florida Deceptive and Unfair Trade Practices Act.
291	(9)  Each mover and moving broker shall provide evidence of
292	the current and valid insurance or alternative coverages
293	required under coverage as described in s. 507.04.
294	Section 6.  Section 507.04, Florida Statutes, is amended to
295	read:
296	(Substantial rewording of section. See
297	s. 507.04, F.S., for present text.)
298	507.04  Required insurance coverages; liability
299	limitations; valuation coverage.--
300	(1)  LIABILITY INSURANCE.--
301	(a)1.  Except as provided in paragraph (b), each mover
302	operating in this state must maintain current and valid
303	liability insurance coverage of at least $10,000 per shipment
304	for the loss or damage of household goods resulting from the
305	negligence of the mover or its employees or agents.
306	2.  The mover must provide the department with evidence of
307	liability insurance coverage before the mover is registered with
308	the department under s. 507.03. All insurance coverage
309	maintained by a mover must remain in effect throughout the
310	mover's registration period. A mover's failure to maintain
311	insurance coverage in accordance with this paragraph constitutes
312	an immediate threat to the public health, safety, and welfare.
313	If a mover fails to maintain insurance coverage, the department
314	may immediately suspend the mover's registration or eligibility
315	for registration and the mover must immediately cease operating
316	as a mover in this state. In addition, and notwithstanding the
317	availability of any administrative relief pursuant to chapter
318	120, the department may seek from the appropriate circuit court
319	an immediate injunction prohibiting the mover from operating in
320	this state until the mover complies with this paragraph, a civil
321	penalty not to exceed $5,000, and court costs.
322	(b)  A mover that operates two or fewer vehicles, in lieu
323	of maintaining the liability insurance coverage required under
324	paragraph (a), may, and each moving broker must, maintain one of
325	the following alternative coverages:
326	1.  A performance bond in the amount of $25,000, for which
327	the surety of the bond must be a surety company authorized to
328	conduct business in this state; or
329	2.  A certificate of deposit in a Florida banking
330	institution in the amount of $25,000.
331
332	The original bond or certificate of deposit must be filed with
333	the department and must designate the department as the sole
334	beneficiary. The department must use the bond or certificate of
335	deposit exclusively for the payment of claims to consumers who
336	are injured by the fraud, misrepresentation, breach of contract,
337	misfeasance, malfeasance, or financial failure of the mover or
338	moving broker or by a violation of this chapter by the mover or
339	broker. Liability for these injuries may be determined in an
340	administrative proceeding of the department or through a civil
341	action in a court of competent jurisdiction. However, claims
342	against the bond or certificate of deposit must only be paid, in
343	amounts not to exceed the determined liability for these
344	injuries, by order of the department in an administrative
345	proceeding. The bond or certificate of deposit is subject to
346	successive claims, but the aggregate amount of these claims may
347	not exceed the amount of the bond or certificate of deposit.
348	(2)  MOTOR VEHICLE INSURANCE.--Each mover operating in this
349	state must maintain current and valid motor vehicle insurance
350	coverage, including combined bodily injury and property damage
351	liability coverage in the following minimum amounts:
352	(a)  Fifty thousand dollars per occurrence for a commercial
353	motor vehicle with a gross weight of less than 35,000 pounds.
354	(b)  One hundred thousand dollars per occurrence for a
355	commercial motor vehicle with a gross weight of 35,000 pounds or
356	more, but less than 44,000 pounds.
357	(c)  Three hundred thousand dollars per occurrence for a
358	commercial motor vehicle with a gross weight of 44,000 pounds or
359	more.
360	(3)  INSURANCE COVERAGES.--The insurance coverages required
361	under paragraph (1)(a) and subsection (2) must be issued by an
362	insurance company or carrier licensed to transact business in
363	this state under the Florida Insurance Code as designated in s.
364	624.01. The department shall require a mover to present a
365	certificate of insurance of the required coverages before
366	issuance or renewal of a registration certificate under s.
367	507.03. The department shall be named as a certificateholder in
368	the certificate and must be notified at least 30 days before any
369	changes in insurance coverage.
370	(4)  LIABILITY LIMITATIONS; VALUATION RATES.--A mover may
371	not limit its liability for the loss or damage of household
372	goods to a valuation rate that is less than 60 cents per pound
373	per article. A provision of a contract for moving services is
374	void if the provision limits a mover's liability to a valuation
375	rate that is less than the minimum rate under this subsection.
376	If a mover limits its liability for a shipper's goods, the mover
377	must disclose the limitation, including the valuation rate, to
378	the shipper in writing at the time that the estimate and
379	contract for services are executed and before any moving or
380	accessorial services are provided. The disclosure must also
381	inform the shipper of the opportunity to purchase valuation
382	coverage if the mover offers that coverage under subsection (5).
383	(5)  VALUATION COVERAGE.--A mover may offer valuation
384	coverage to compensate a shipper for the loss or damage of the
385	shipper's household goods that are lost or damaged during a
386	household move. If a mover offers valuation coverage, the
387	coverage must indemnify the shipper for at least the minimum
388	valuation rate required under subsection (4). The mover must
389	disclose the terms of the coverage to the shipper in writing at
390	the time that the estimate and contract for services are
391	executed and before any moving or accessorial services are
392	provided. The disclosure must inform the shipper of the cost of
393	the valuation coverage, the valuation rate of the coverage, and
394	the opportunity to reject the coverage. If valuation coverage
395	compensates a shipper for at least the minimum valuation rate
396	required under subsection (4), the coverage satisfies the
397	mover's liability for the minimum valuation rate.
398	Section 7.  Section 507.05, Florida Statutes, is amended to
399	read:
400	507.05  Estimates and contracts for service.--Before Prior
401	to providing any moving or accessorial services, a contract and
402	estimate must be provided to a prospective shipper in writing,
403	must be signed and dated by the shipper and the mover, and must
404	include:
405	(1)  The name, telephone number, and physical address where
406	the mover's employees are available during normal business
407	hours.
408	(2)  The date the contract or estimate is prepared and any
409	proposed date of the move.
410	(3)  The name and address of the shipper, the addresses
411	where the articles items are to be picked up and delivered, and
412	a telephone number where the shipper may be reached.
413	(4)  The name, telephone number, and physical address of
414	any location where the goods will be held pending further
415	transportation, including situations where the mover retains
416	possession of goods pending resolution of a fee dispute with the
417	shipper.
418	(5)  An itemized breakdown and description and total of all
419	costs and services for loading, transportation or shipment,
420	unloading, and accessorial services to be provided during a
421	household move or storage of household goods.
422	(6)  Acceptable forms of payment. A mover shall accept a
423	minimum of two of the three following forms of payment:
424	(a)  Cash, cashier's check, money order, or traveler's
425	check;
426	(b)  Valid personal check, showing upon its face the name
427	and address of the shipper or authorized representative; or
428	(c)  Valid credit card, which shall include, but not be
429	limited to, Visa or MasterCard.
430
431	A mover must shall clearly and conspicuously disclose to the
432	shipper in the estimate and contract for services the forms of
433	payments the mover will accept, including the forms of payment
434	from those categories described in paragraphs (a)-(c).
435	Section 8.  Section 507.06, Florida Statutes, is amended to
436	read:
437	507.06  Delivery and storage of household goods.--
438	(1)  A mover must relinquish household goods to a shipper
439	and must place the goods inside a shipper's dwelling or, if
440	directed by the shipper, inside a storehouse or warehouse that
441	is owned or rented by the shipper or the shipper's agent, unless
442	the shipper has not tendered payment in the amount specified in
443	a written contract or estimate signed and dated by the shipper.
444	A mover may not refuse to relinquish prescription medicines and
445	goods for use by children, including children's furniture,
446	clothing, or toys, under any circumstances.
447	(2)  A mover may not refuse to relinquish household goods
448	to a shipper or fail to place the goods inside a shipper's
449	dwelling or, if directed by the shipper, inside a storehouse or
450	warehouse that is owned or rented by the shipper or the
451	shipper's agent, based on the mover's refusal to accept an
452	acceptable form of payment.
453	(3)  A mover that lawfully fails to relinquish a shipper's
454	household goods may place the goods in storage until payment is
455	tendered; however, the mover must notify the shipper of the
456	location where the goods are stored and the amount due within 5
457	days after receipt of a written request for that information
458	from the shipper, which request must include the address where
459	the shipper may receive the notice. A mover may not require a
460	prospective shipper to waive any rights or requirements under
461	this section.
462	Section 9.  Section 507.07, Florida Statutes, is amended to
463	read:
464	507.07  Violations.--It is a violation of this chapter act
465	to:
466	(1)  Conduct business as a mover or moving broker, or
467	advertise to engage in the business of moving or offering to
468	move, without first being registered annually with the
469	department.
470	(2)  Knowingly make any false statement, representation, or
471	certification in any application, document, or record required
472	to be submitted or retained under this chapter act.
473	(3)  Misrepresent or deceptively represent:
474	(a)  The contract for services, bill of lading, or
475	inventory of household goods for the move estimated.
476	(b)  The timeframe or schedule for delivery or storage of
477	household goods estimated.
478	(c)  The price, size, nature, extent, qualities, or
479	characteristics of accessorial or moving services offered.
480	(d)  The nature or extent of other goods, services, or
481	amenities offered.
482	(e)  A shipper's rights, privileges, or benefits.
483	(4)  Fail to honor and comply with all provisions of the
484	contract for services or bill of lading regarding the
485	purchaser's rights, benefits, and privileges thereunder.
486	(5)  Withhold delivery of household goods or in any way
487	hold goods in storage against the expressed wishes of the
488	shipper if payment has been made as delineated in the estimate
489	or contract for services.
490	(6)(a)  Include in any contract any provision purporting to
491	waive or limit any right or benefit provided to shippers under
492	this chapter act.
493	(b)  Seek or solicit a such waiver or acceptance of
494	limitation from a shipper concerning rights or benefits provided
495	under this chapter act.
496	(c)  Use a local mailing address, registration facility,
497	drop box, or answering service in the promotion, advertising,
498	solicitation, or sale of contracts, unless the mover's, and, if
499	applicable, the moving broker's, fixed business address is
500	clearly disclosed during any telephone solicitation and is
501	prominently and conspicuously disclosed on all solicitation
502	materials and on the contract.
503	(d)  Commit Do any other act of which constitutes fraud,
504	misrepresentation, or failure to disclose a material fact.
505	(e)  Refuse or fail, or for any of the mover's or broker's
506	principal officers to refuse or fail, after notice, to produce
507	any document or record or disclose any information required to
508	be produced or disclosed.
509	(f)  Knowingly make a material false statement in response
510	to any request or investigation by the department, the
511	Department of Legal Affairs, or the state attorney.
512	Section 10.  Section 507.08, Florida Statutes, is amended
513	to read:
514	507.08  Deceptive and unfair trade practice.--Acts,
515	conduct, practices, omissions, failings, misrepresentations, or
516	nondisclosures committed in which constitute a violation of this
517	chapter are act also constitute a deceptive and unfair trade
518	practices under practice for the purpose of ss. 501.201-501.213,
519	the Florida Deceptive and Unfair Trade Practices Act, and
520	administrative rules adopted in accordance with the act
521	thereunder.
522	Section 11.  Section 507.09, Florida Statutes, is amended
523	to read:
524	507.09  Administrative remedies; penalties.--
525	(1)  The department may enter an order doing one or more of
526	the following if the department finds that a mover or moving
527	broker, or a person employed or contracted by a mover or broker,
528	has violated or is operating in violation of any of the
529	provisions of this chapter act or the rules or orders issued in
530	accordance with this chapter thereunder:
531	(a)  Issuing a notice of noncompliance under pursuant to s.
532	120.695.
533	(b)  Imposing an administrative fine not to exceed $5,000
534	for each act or omission.
535	(c)  Directing that the person cease and desist specified
536	activities.
537	(d)  Refusing to register or revoking or suspending a
538	registration.
539	(e)  Placing the registrant on probation for a period of
540	time, subject to the such conditions specified by as the
541	department may specify.
542	(2)  The administrative proceedings which could result in
543	the entry of an order imposing any of the penalties specified in
544	subsection (1) are governed by chapter 120.
545	(3)  The department may adopt rules under ss. 120.536(1)
546	and 120.54 to administer this chapter has the authority to adopt
547	rules pursuant to chapter 120 to implement this act.
548	Section 12.  Section 507.10, Florida Statutes, is amended
549	to read:
550	507.10  Civil penalties; remedies.--
551	(1)  The department may institute a civil action in a court
552	of competent jurisdiction to recover any penalties or damages
553	authorized allowed in this chapter act and for injunctive relief
554	to enforce compliance with this chapter act.
555	(2)  The department may seek a civil penalty of up to
556	$5,000 for each violation of this chapter act.
557	(3)  The department may seek restitution for and on behalf
558	of any shipper aggrieved or injured by a violation of this
559	chapter act.
560	(4)  Any provision in a contract for services or bill of
561	lading from a mover or moving broker that purports to waive,
562	limit, restrict, or avoid any of the duties, obligations, or
563	prescriptions of the mover or broker, as provided in this
564	chapter act, is void and unenforceable and against public
565	policy.
566	(5)  The remedies provided in this chapter act are in
567	addition to any other remedies available for the same conduct,
568	including those provided in local ordinances.
569	(6)  Upon motion of the department in any action brought
570	under this chapter act, the court may make appropriate orders,
571	including appointment of a master or receiver or sequestration
572	of assets, to reimburse shippers found to have been damaged, to
573	carry out a consumer transaction in accordance with the
574	shipper's reasonable expectations, or to grant other appropriate
575	relief.
576	Section 13.  Section 507.11, Florida Statutes, is amended
577	to read:
578	507.11  Criminal penalties.--
579	(1)  The refusal of a mover or a mover's employee, agent,
580	or contractor to comply with an order from a law enforcement
581	officer to relinquish a shipper's household goods after the
582	officer determines that the shipper has tendered payment of the
583	amount of a written estimate or contract, or after the officer
584	determines that the mover did not produce a signed estimate or
585	contract upon which demand is being made for payment, is a
586	felony of the third degree, punishable as provided in s.
587	775.082, s. 775.083, or s. 775.084. A mover's compliance with an
588	order from a law enforcement officer to relinquish goods to a
589	shipper is not a waiver or finding of fact regarding any right
590	to seek further payment from the shipper.
591	(2)  Except as provided in subsection (1), any person or
592	business that violates this chapter act commits a misdemeanor of
593	the first degree, punishable as provided in s. 775.082 or s.
594	775.083.
595	Section 14.  Section 507.12, Florida Statutes, is amended
596	to read:
597	507.12  General Inspection Trust Fund; payments.--Any
598	moneys recovered by the department as a penalty under this
599	chapter act shall be deposited in the General Inspection Trust
600	Fund.
601	Section 15.  Section 507.13, Florida Statutes, is amended
602	to read:
603	507.13  Local regulation.--
604	(1)  This chapter does not The provisions of this act are
605	not intended to preempt local ordinances or regulations of a
606	county or municipality which that regulate transactions relating
607	to movers of household goods or moving brokers. As provided in
608	s. 507.03(4), counties and municipalities may require, levy, or
609	collect any registration fee or tax or require the registration
610	or bonding in any manner of any mover or moving broker.
611	(2)  The department may enter into a cooperative agreement
612	with any county or municipality which that provides for the
613	referral, investigation, and prosecution of consumer complaints
614	alleging violations of this chapter act.
615	Section 16.  Section 205.1975, Florida Statutes, is created
616	to read:
617	205.1975  Household moving services; consumer
618	protection.--A county or municipality may not issue or renew an
619	occupational license for the operation of a mover or moving
620	broker under chapter 507 unless the mover or broker exhibits a
621	current registration from the Department of Agriculture and
622	Consumer Services.
623	Section 17.  This act shall take effect July 1, 2006.

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