HB 167

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

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