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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    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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    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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    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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