Senate Bill sb1788
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                  SB 1788
    By Senator Saunders
    37-799A-07                                          See HB 765
  1                      A bill to be entitled
  2         An act relating to household moving services;
  3         amending s. 507.01, F.S.; amending the
  4         definition of the term "storage"; amending s.
  5         507.02, F.S.; stating that chapter 507, F.S.,
  6         relating to household moving services, does not
  7         supersede certain rights of a mover to refuse
  8         to transport certain items or the right to
  9         exclude liability of certain cause of loss
10         provided the terms are in the estimate and
11         contract for services; amending s. 507.03,
12         F.S.; removing the requirement for certain
13         movers and brokers to obtain a local license or
14         registration; removing the requirement for such
15         movers and brokers to pay state registration
16         fees as well as local fees; amending s. 507.13,
17         F.S.; preempting to the state the regulation of
18         movers of household goods and moving brokers;
19         providing an effective date.
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21  Be It Enacted by the Legislature of the State of Florida:
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23         Section 1.  Subsection (13) of section 507.01, Florida
24  Statutes, is amended to read:
25         507.01  Definitions.--As used in this chapter, the
26  term:
27         (13)  "Storage" means the temporary warehousing of a
28  shipper's goods while under the care, custody, and control of
29  the mover.
30         Section 2.  Subsection (5) is added to section 507.02,
31  Florida Statutes, to read:
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                  SB 1788
    37-799A-07                                          See HB 765
 1         507.02  Construction; intent; application.--
 2         (5)  This chapter does not supersede a mover's right to
 3  refuse to transport certain items, or a mover's common law
 4  right to exclude liability for certain causes of loss,
 5  provided that the terms are provided in the estimate and
 6  contract for services.
 7         Section 3.  Subsections (4) through (9) of section
 8  507.03, Florida Statutes, are amended to read:
 9         507.03  Registration.--
10         (4)  Any mover or moving broker whose principal place
11  of business is located in a county or municipality that
12  requires, by local ordinance, a local license or registration
13  to engage in the business of moving and storage of household
14  goods must obtain the license or registration from the county
15  or municipality. A mover or broker that obtains a local
16  license or registration must also pay the state registration
17  fee under subsection (3).
18         (4)(5)  Each contract of a mover or moving broker must
19  include the phrase "  (NAME OF FIRM)    is registered with the
20  State of Florida as a Mover or Moving Broker.
21  Registration No. _____."
22         (5)(6)  Each advertisement of a mover or moving broker
23  must include the phrase "Fla. Mover Reg. No. _____" or "Fla.
24  IM No. _____." Each of the mover's vehicles must clearly and
25  conspicuously display a sign on the driver's side door which
26  includes at least one of these phrases in lettering of at
27  least 1.5 inches in height.
28         (6)(7)  A registration is not valid for any mover or
29  broker transacting business at any place other than that
30  designated in the mover's or broker's application, unless the
31  department is first notified in writing before any change of
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                  SB 1788
    37-799A-07                                          See HB 765
 1  location. A registration issued under this chapter is not
 2  assignable, and the mover or broker may not conduct business
 3  under more than one name except as registered. A mover or
 4  broker desiring to change its registered name or location or
 5  designated agent for service of process at a time other than
 6  upon renewal of registration must notify the department of the
 7  change.
 8         (7)(8)  The department may deny, refuse to renew, or
 9  revoke the registration of any mover or moving broker based
10  upon a determination that the mover or moving broker, or any
11  of the mover's or moving broker's directors, officers, owners,
12  or general partners:
13         (a)  Has failed to meet the requirements for
14  registration as provided in this chapter;
15         (b)  Has been convicted of a crime involving fraud,
16  dishonest dealing, or any other act of moral turpitude;
17         (c)  Has not satisfied a civil fine or penalty arising
18  out of any administrative or enforcement action brought by any
19  governmental agency or private person based upon conduct
20  involving fraud, dishonest dealing, or any violation of this
21  chapter;
22         (d)  Has pending against him or her any criminal,
23  administrative, or enforcement proceedings in any
24  jurisdiction, based upon conduct involving fraud, dishonest
25  dealing, or any other act of moral turpitude; or
26         (e)  Has had a judgment entered against him or her in
27  any action brought by the department or the Department of
28  Legal Affairs under this chapter or ss. 501.201-501.213, the
29  Florida Deceptive and Unfair Trade Practices Act.
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                  SB 1788
    37-799A-07                                          See HB 765
 1         (8)(9)  Each mover and moving broker shall provide
 2  evidence of the current and valid insurance or alternative
 3  coverages required under s. 507.04.
 4         Section 4.  Subsection (1) of section 507.13, Florida
 5  Statutes, is amended to read:
 6         507.13  Local regulation.--
 7         (1)  This chapter preempts does not preempt local
 8  ordinances or regulations of a county or municipality which
 9  regulate transactions relating to movers of household goods or
10  moving brokers. As provided in s. 507.03(4), counties and
11  municipalities may require, levy, or collect any registration
12  fee or tax or require the registration or bonding in any
13  manner of any mover or moving broker.
14         Section 5.  This act shall take effect July 1, 2007.
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CODING: Words stricken are deletions; words underlined are additions.