Senate Bill sb1788c2

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

    By the Committees on Community Affairs; Commerce; and Senator
    Saunders




    578-2670-07

  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.; providing that a mover's right to

  6         refuse to transport certain items is not

  7         superseded if certain conditions are met;

  8         amending s. 507.03, F.S.; removing a

  9         requirement that each mover and moving broker

10         annually register with the Department of

11         Agriculture and Consumer Services; providing

12         for the calculation of registration fees;

13         requiring that each registration be renewed

14         biennially on or before the expiration date of

15         the current registration; authorizing the

16         department to adopt certain rules; providing an

17         expiration date for such rulemaking authority;

18         amending s. 507.04, F.S.; authorizing a mover

19         to exclude liability for items packed by the

20         shipper under certain conditions; amending s.

21         507.05, F.S.; requiring a mover to provide a

22         shipper with a written estimate before the

23         mover provides any moving or accessorial

24         services; prohibiting a mover from requiring

25         the waiver of the written estimate; prohibiting

26         the shipper from waiving the written estimate;

27         requiring that the written estimate contain

28         certain information; creating s. 507.055, F.S.;

29         requiring that a mover offer to prepare a

30         written inventory of all items to be moved by

31         the shipper, at an additional cost to the

                                  1

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






    Florida Senate - 2007                    CS for CS for SB 1788
    578-2670-07




 1         shipper; authorizing a shipper to waive the

 2         preparation of an inventory in writing;

 3         providing requirements for the preparation of

 4         an inventory; providing conditions that must be

 5         fulfilled before a mover may charge for the

 6         preparation of an inventory; prohibiting a

 7         mover from requiring a shipper to waive the

 8         preparation of an inventory; amending s.

 9         507.07, F.S.; providing that a mover commits a

10         violation of state law if the mover fails to

11         present a shipper with a written estimate of

12         moving and accessorial services, to present a

13         shipper with the required disclosure statement,

14         to offer to prepare a written inventory, or to

15         clearly and conspicuously disclose any charges

16         associated with the preparation of an

17         inventory; amending s. 507.13, F.S.; providing

18         for the preemption of certain local ordinances;

19         limiting such preemption; providing an

20         effective date.

21  

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

23  

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

25  Statutes, is amended to read:

26         507.01  Definitions.--As used in this chapter, the

27  term:

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

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

30  the mover.

31  

                                  2

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






    Florida Senate - 2007                    CS for CS for SB 1788
    578-2670-07




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

 2  Florida Statutes, to read:

 3         507.02  Construction; intent; application.--

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

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

 6  the estimate and contract for services.

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

 8  507.03, Florida Statutes, are amended, and subsection (10) is

 9  added to that section, to read:

10         507.03  Registration.--

11         (1)  Each mover and moving broker must annually

12  register with the department, providing its legal business and

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

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

15  corporate officers and directors and the Florida agent of the

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

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

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

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

20  broker registered its fictitious name if the mover or broker

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

22  other corporations, business entities, and trade names through

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

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

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

26  coverages required under s. 507.04.

27         (3)  Registration fees shall be calculated at a rate of

28  $300 per year per mover or moving broker. All amounts

29  collected shall be deposited by the Chief Financial Officer to

30  the credit of the General Inspection Trust Fund of the

31  

                                  3

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






    Florida Senate - 2007                    CS for CS for SB 1788
    578-2670-07




 1  department for the sole purpose of administration of this

 2  chapter.

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

 4  before the expiration date of the current registration Any

 5  mover or moving broker whose principal place of business is

 6  located in a county or municipality that requires, by local

 7  ordinance, a local license or registration to engage in the

 8  business of moving and storage of household goods must obtain

 9  the license or registration from the county or municipality. A

10  mover or broker that obtains a local license or registration

11  must also pay the state registration fee under subsection (3).

12         (10)  In order to implement the biennial registration

13  requirements set forth in this section, the department shall

14  have rulemaking authority to stagger the registrations over a

15  2-year period. This subsection expires June 30, 2009.

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

17  Statutes, is amended to read:

18         507.04  Required insurance coverages; liability

19  limitations; valuation coverage.--

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

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

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

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

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

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

26  rate allowed under this subsection.

27         (b)  A mover may exclude liability for items packed by

28  the shipper if the exclusion is declared and the shipper

29  declines, in writing, to allow the mover the opportunity to

30  open and inspect each container packed by the shipper.

31  

                                  4

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






    Florida Senate - 2007                    CS for CS for SB 1788
    578-2670-07




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

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

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

 4  estimate and contract for services are executed and before any

 5  moving or accessorial services are provided. The disclosure

 6  must also inform the shipper of the opportunity to purchase

 7  valuation coverage if the mover offers that coverage under

 8  subsection (5).

 9         Section 5.  Section 507.05, Florida Statutes, is

10  amended to read:

11         507.05  Estimates and contracts for moving and

12  accessorial services service.--Before providing any moving or

13  accessorial services, a contract and estimate for services

14  must be provided to a prospective shipper in writing and, must

15  be signed and dated by the shipper and the mover. A mover may

16  not require the waiver of, and a shipper may not waive, the

17  required written estimate. The written estimate and contract,

18  and must include:

19         (1)  The name, telephone number, and physical address

20  where the mover's employees are available during normal

21  business hours.

22         (2)  The date the contract or estimate is prepared and

23  any proposed date of the move.

24         (3)  The name and address of the shipper, the addresses

25  where the articles are to be picked up and delivered, and a

26  telephone number where the shipper may be reached.

27         (4)  The name, telephone number, and physical address

28  of any location where the goods will be held pending further

29  transportation, including situations where the mover retains

30  possession of goods pending resolution of a fee dispute with

31  the shipper.

                                  5

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






    Florida Senate - 2007                    CS for CS for SB 1788
    578-2670-07




 1         (5)  An itemized breakdown and description and total of

 2  all costs and services for loading, transportation or

 3  shipment, unloading, and accessorial services to be provided

 4  during a household move or storage of household goods.

 5         (6)  The name and telephone number of any other person

 6  authorized by the shipper to direct the pickup or delivery of

 7  any items to be transported. The shipper's authorization to

 8  the third party must be in writing.

 9         (7)(6)  Acceptable forms of payment. A mover shall

10  accept a minimum of two of the three following forms of

11  payment:

12         (a)  Cash, cashier's check, money order, or traveler's

13  check;

14         (b)  Valid personal check, showing upon its face the

15  name and address of the shipper or authorized representative;

16  or

17         (c)  Valid credit card, which shall include, but not be

18  limited to, Visa or MasterCard.

19  

20  A mover must clearly and conspicuously disclose to the shipper

21  in the estimate and contract for services the forms of

22  payments the mover will accept, including the forms of payment

23  described in paragraphs (a)-(c).

24         (8)  A brief description of the procedures for shipper

25  inquiry and the handling of complaints, and a telephone number

26  that the shipper may use to communicate with the movers,

27  accompanied by a statement disclosing who shall pay for the

28  calls, if the payor is anyone other than the mover.

29         (9)  If the cost for services provided is based on

30  weight, a statement that the shipper has a right to observe

31  any weighing before and after loading.

                                  6

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






    Florida Senate - 2007                    CS for CS for SB 1788
    578-2670-07




 1         (10)  A statement of acknowledgement to be signed by

 2  the shipper verifying that the shipper received a copy of a

 3  consumer's bill of rights entitled "Now You Know: Intrastate

 4  Household Moving," the content of which the department shall

 5  establish by rule. This information must be provided to the

 6  shipper at the time of the estimate.

 7         (11)  Notice to the shipper of the opportunity to

 8  request, at an additional cost to the shipper, a written

 9  inventory.

10         (12)  The contract for service provided by a mover to a

11  shipper, which shall include the following language in bold,

12  capitalized letters in at least 12-point type:

13  

14                      PLEASE READ CAREFULLY:

15         THIS CONTRACT FOR SERVICE IS REQUIRED BY STATE

16         LAW AND MUST INCLUDE THE TERMS AND COSTS

17         ASSOCIATED WITH YOUR MOVE. IN ORDER FOR THE

18         CONTRACT FOR SERVICE TO BE ACCURATE, YOU MUST

19         DISCLOSE TO THE MOVER ALL INFORMATION RELEVANT

20         TO THE MOVE. STATE LAW REQUIRES THAT A MOVER

21         RELINQUISH POSSESSION OF YOUR GOODS AND

22         COMPLETE YOUR MOVE UPON PAYMENT OF NO MORE THAN

23         THE SPECIFIED MAXIMUM AMOUNT DUE AT DELIVERY.

24  

25         Section 6.  Section 507.055, Florida Statutes, is

26  created to read:

27         507.055  Written inventory; offer to shipper

28  required.--

29         (1)  A mover shall offer to prepare a written inventory

30  of all items to be moved by the shipper at an additional cost

31  to the shipper. A shipper may waive, in writing, the

                                  7

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






    Florida Senate - 2007                    CS for CS for SB 1788
    578-2670-07




 1  preparation of a written inventory, and such waiver shall be

 2  executed at the time the written estimate for moving and

 3  accessorial services is prepared and signed by the mover and

 4  shipper. If the preparation of a written inventory is not

 5  waived, the inventory shall be prepared and signed by both the

 6  shipper and the mover prior to departure of the mover's motor

 7  vehicle from the shipper's pickup point or points.

 8         (2)  A mover may not charge for the preparation of an

 9  inventory unless, prior to preparing the inventory, the mover

10  clearly and conspicuously discloses in writing to the shipper

11  the amount of the charge for preparation of the inventory or,

12  if the amount cannot be determined, the complete basis upon

13  which the charge will be calculated.

14         (3)  A mover may not require a shipper to waive the

15  preparation of an inventory.

16         Section 7.  Subsections (7), (8), and (9) are added to

17  section 507.07, Florida Statutes, to read:

18         507.07  Violations.--It is a violation of this chapter

19  to:

20         (7)  Fail to provide a shipper with a written estimate

21  of moving and accessorial services as required in s. 507.05.

22         (8)  Fail to provide a shipper with the disclosure

23  statement required in s. 507.05.

24         (9)  Fail to offer to prepare for the shipper a written

25  inventory of the household goods to be moved, unless such

26  inventory is waived by the shipper, or to clearly and

27  conspicuously disclose to a shipper any charges associated

28  with the preparation of a written inventory as required in s.

29  507.055.

30         Section 8.  Subsection (1) of section 507.13, Florida

31  Statutes, is amended to read:

                                  8

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






    Florida Senate - 2007                    CS for CS for SB 1788
    578-2670-07




 1         507.13  Local regulation.--

 2         (1)  This chapter preempts does not preempt local

 3  ordinances or regulations of a county or municipality which

 4  regulate transactions relating to movers of household goods or

 5  moving brokers. This preemption does not extend to local

 6  business taxes as provided in chapter 205. As provided in s.

 7  507.03(4), counties and municipalities may require, levy, or

 8  collect any registration fee or tax or require the

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

10  broker.

11         Section 9.  This act shall take effect July 1, 2007.

12  

13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                            CS/SB 1788

15                                 

16  The committee substitute for committee substitute (CS) allows
    an exclusion from liability for items packed by a shipper if
17  the mover is not given an opportunity to inspect the boxes
    regardless of whether such an exclusion is declared in the
18  estimate and the contract. It prohibits a mover and shipper
    from waiving the requirement for a written estimate. The CS
19  specifies additional information that must be included in a
    written estimate and contract, including a notice to the
20  shipper that must be in the same form as provided in the CS.

21  This CS requires a mover to offer to prepare, at an additional
    cost to the shipper, a written inventory of all items to be
22  moved by the shipper. It also makes the failure to provide a
    shipper with: a written estimate of moving and accessorial
23  services, a disclosure statement required by s. 507.05, F.S.;
    or an offer to prepare a written inventory, a violation of ch.
24  507, F.S., which subjects the mover to administrative fines
    and penalties.
25  

26  

27  

28  

29  

30  

31  

                                  9

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