Senate Bill sb1788c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 1788

    By the Committee on Commerce; and Senator Saunders





    577-2206-07

  1                      A bill to be entitled

  2         An act relating to household moving services;

  3         amending s. 507.01, F.S.; redefining the term

  4         "storage"; amending s. 507.02, F.S.; stating

  5         that ch. 507, F.S., relating to household

  6         moving services, does not supersede certain

  7         rights of a mover to refuse to transport

  8         certain items if terms are in the estimate and

  9         contract for services; amending s. 507.03,

10         F.S.; requiring movers and moving brokers to

11         register with the Department of Agriculture and

12         Consumer Services biennially rather than

13         annually; removing the requirement for certain

14         movers and brokers to obtain a local license or

15         registration; removing the requirement for such

16         movers and brokers to pay state registration

17         fees as well as local fees; providing for the

18         biennial registration with the department to be

19         phased in over 2 years; authorizing rulemaking

20         by the department; amending s. 507.04, F.S.;

21         providing for a mover to limit its liability

22         for items packed by a shipper under specified

23         conditions; amending s. 507.13, F.S.;

24         preempting to the state the regulation of

25         movers of household goods and moving brokers;

26         providing that the exemption does not extend to

27         local business taxes; providing an effective

28         date.

29  

30  Be It Enacted by the Legislature of the State of Florida:

31  

                                  1

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






    Florida Senate - 2007                           CS for SB 1788
    577-2206-07




 1         Section 1.  Subsection (13) of section 507.01, Florida

 2  Statutes, is amended to read:

 3         507.01  Definitions.--As used in this chapter, the

 4  term:

 5         (13)  "Storage" means the temporary warehousing of a

 6  shipper's goods while under the care, custody, and control of

 7  the mover.

 8         Section 2.  Subsection (5) is added to section 507.02,

 9  Florida Statutes, to read:

10         507.02  Construction; intent; application.--

11         (5)  This chapter does not supersede a mover's right to

12  refuse to transport certain items if the terms are provided in

13  the estimate and contract for services.

14         Section 3.  Subsections (1), (3), and (4) of section

15  507.03, Florida Statutes, are amended, and subsection (10) is

16  added to that section, to read:

17         507.03  Registration.--

18         (1)  Each mover and moving broker must annually

19  register with the department, providing its legal business and

20  trade name, mailing address, and business locations; the full

21  names, addresses, and telephone numbers of its owners or

22  corporate officers and directors and the Florida agent of the

23  corporation; a statement whether it is a domestic or foreign

24  corporation, its state and date of incorporation, its charter

25  number, and, if a foreign corporation, the date it registered

26  with the Department of State; the date on which the mover or

27  broker registered its fictitious name if the mover or broker

28  is operating under a fictitious or trade name; the name of all

29  other corporations, business entities, and trade names through

30  which each owner of the mover or broker operated, was known,

31  or did business as a mover or moving broker within the

                                  2

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






    Florida Senate - 2007                           CS for SB 1788
    577-2206-07




 1  preceding 5 years; and proof of the insurance or alternative

 2  coverages required under s. 507.04.

 3         (3)  Registration fees shall be calculated at the rate

 4  of $300 per year per mover or moving broker. All amounts

 5  collected shall be deposited by The Chief Financial Officer

 6  shall deposit all amounts collected to the credit of the

 7  General Inspection Trust Fund of the department for the sole

 8  purpose of administration of this chapter.

 9         (4)  Each registration must be renewed biennially on or

10  before its expiration date. Any mover or moving broker whose

11  principal place of business is located in a county or

12  municipality that requires, by local ordinance, a local

13  license or registration to engage in the business of moving

14  and storage of household goods must obtain the license or

15  registration from the county or municipality. A mover or

16  broker that obtains a local license or registration must also

17  pay the state registration fee under subsection (3).

18         (10)  In order to implement the biennial registration

19  requirements in this section, the department may adopt rules

20  to stagger the registrations over a 2-year period. This

21  subsection expires June 30, 2009.

22         Section 4.  Subsection (4) of section 507.04, Florida

23  Statutes, is amended to read:

24         507.04  Required insurance coverages; liability

25  limitations; valuation coverage.--

26         (4)  LIABILITY LIMITATIONS; VALUATION RATES.--

27         (a)  A mover may not limit its liability for the loss

28  or damage of household goods to a valuation rate that is less

29  than 60 cents per pound per article. A provision of a contract

30  for moving services is void if the provision limits a mover's

31  

                                  3

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






    Florida Senate - 2007                           CS for SB 1788
    577-2206-07




 1  liability to a valuation rate that is less than the minimum

 2  rate allowed under this subsection.

 3         (b)  A mover may exclude itself from liability for

 4  items packed by a shipper that declines, in writing, to allow

 5  the mover the opportunity to open and inspect each container

 6  packed by the shipper if such exclusion is declared in the

 7  estimate and the contract.

 8         (c)  If a mover limits its liability for a shipper's

 9  goods, the mover must disclose the limitation, including the

10  valuation rate, to the shipper in writing at the time that the

11  estimate and contract for services are executed and before any

12  moving or accessorial services are provided. The disclosure

13  must also inform the shipper of the opportunity to purchase

14  valuation coverage if the mover offers that coverage under

15  subsection (5).

16         Section 5.  Subsection (1) of section 507.13, Florida

17  Statutes, is amended to read:

18         507.13  Local regulation.--

19         (1)  This chapter preempts does not preempt local

20  ordinances or regulations of a county or municipality which

21  regulate transactions relating to movers of household goods or

22  moving brokers. This preemption does not extend to the local

23  business taxes authorized under chapter 205. As provided in s.

24  507.03(4), counties and municipalities may require, levy, or

25  collect any registration fee or tax or require the

26  registration or bonding in any manner of any mover or moving

27  broker.

28         Section 6.  This act shall take effect upon becoming a

29  law.

30  

31  

                                  4

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






    Florida Senate - 2007                           CS for SB 1788
    577-2206-07




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1788

 3                                 

 4  The CS differs from the bill as filed by;

 5  -    Removing a proposed provision stipulating that the
         chapter supersedes a mover's common law right to exclude
 6       liability unless certain conditions are met;

 7  -    Changing the requirement that movers and moving brokers
         must register with the department annually, to
 8       biennially;

 9  -    Including a new provision allowing movers to exclude
         themselves from liability for items packed by the
10       shipper, under certain conditions; and

11  -    Clarifying that the preemption of local ordinances does
         not extend to local business taxes authorized under ch.
12       205, F.S.

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  5

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