| 1 | Representative Nelson offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | On page 5, between lines 20 and 21, insert: |
| 5 |
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| 6 | Section 5. Subsection (13) of section 507.01, Florida |
| 7 | Statutes, is amended to read: |
| 8 | 507.01 Definitions.--As used in this chapter, the term: |
| 9 | (13) "Storage" means the temporary warehousing of a |
| 10 | shipper's goods while under the care, custody, and control of |
| 11 | the mover. |
| 12 | Section 6. Subsection (5) is added to section 507.02, |
| 13 | Florida Statutes, to read: |
| 14 | 507.02 Construction; intent; application.-- |
| 15 | (5) This chapter does not supersede a mover's right to |
| 16 | refuse to transport certain items if the terms are provided in |
| 17 | the estimate and contract for services. |
| 18 | Section 7. Subsections (1), (3), and (4) of section |
| 19 | 507.03, Florida Statutes, are amended, and subsection (10) is |
| 20 | added to that section, to read: |
| 21 | 507.03 Registration.-- |
| 22 | (1) Each mover and moving broker must annually register |
| 23 | with the department, providing its legal business and trade |
| 24 | name, mailing address, and business locations; the full names, |
| 25 | addresses, and telephone numbers of its owners or corporate |
| 26 | officers and directors and the Florida agent of the corporation; |
| 27 | a statement whether it is a domestic or foreign corporation, its |
| 28 | state and date of incorporation, its charter number, and, if a |
| 29 | foreign corporation, the date it registered with the Department |
| 30 | of State; the date on which the mover or broker registered its |
| 31 | fictitious name if the mover or broker is operating under a |
| 32 | fictitious or trade name; the name of all other corporations, |
| 33 | business entities, and trade names through which each owner of |
| 34 | the mover or broker operated, was known, or did business as a |
| 35 | mover or moving broker within the preceding 5 years; and proof |
| 36 | of the insurance or alternative coverages required under s. |
| 37 | 507.04. |
| 38 | (3) Registration fees shall be calculated at a rate of |
| 39 | $300 per year per mover or moving broker. All amounts collected |
| 40 | shall be deposited by the Chief Financial Officer to the credit |
| 41 | of the General Inspection Trust Fund of the department for the |
| 42 | sole purpose of administration of this chapter. |
| 43 | (4) Each registration must be renewed biennially on or |
| 44 | before the expiration date of the current registration Any mover |
| 45 | or moving broker whose principal place of business is located in |
| 46 | a county or municipality that requires, by local ordinance, a |
| 47 | local license or registration to engage in the business of |
| 48 | moving and storage of household goods must obtain the license or |
| 49 | registration from the county or municipality. A mover or broker |
| 50 | that obtains a local license or registration must also pay the |
| 51 | state registration fee under subsection (3). |
| 52 | (10) In order to implement the biennial registration |
| 53 | requirements set forth in this section, the department shall |
| 54 | have rulemaking authority to stagger the registrations over a 2- |
| 55 | year period. This subsection expires June 30, 2009. |
| 56 | Section 8. Subsection (4) of section 507.04, Florida |
| 57 | Statutes, is amended to read: |
| 58 | 507.04 Required insurance coverages; liability |
| 59 | limitations; valuation coverage.-- |
| 60 | (4) LIABILITY LIMITATIONS; VALUATION RATES.-- |
| 61 | (a) A mover may not limit its liability for the loss or |
| 62 | damage of household goods to a valuation rate that is less than |
| 63 | 60 cents per pound per article. A provision of a contract for |
| 64 | moving services is void if the provision limits a mover's |
| 65 | liability to a valuation rate that is less than the minimum rate |
| 66 | allowed under this subsection. |
| 67 | (b) A mover may exclude liability for items packed by the |
| 68 | shipper if the exclusion is declared and the shipper declines, |
| 69 | in writing, to allow the mover the opportunity to open and |
| 70 | inspect each container packed by the shipper. |
| 71 | (c) If a mover limits its liability for a shipper's goods, |
| 72 | the mover must disclose the limitation, including the valuation |
| 73 | rate, to the shipper in writing at the time that the estimate |
| 74 | and contract for services are executed and before any moving or |
| 75 | accessorial services are provided. The disclosure must also |
| 76 | inform the shipper of the opportunity to purchase valuation |
| 77 | coverage if the mover offers that coverage under subsection (5). |
| 78 | Section 9. Section 507.05, Florida Statutes, is amended to |
| 79 | read: |
| 80 | 507.05 Estimates and contracts for moving and accessorial |
| 81 | services service.--Before providing any moving or accessorial |
| 82 | services, a contract and estimate for services must be provided |
| 83 | to a prospective shipper in writing and, must be signed and |
| 84 | dated by the shipper and the mover. A mover may not require the |
| 85 | waiver of, and a shipper may not waive, the required written |
| 86 | estimate. The written estimate and contract, and must include: |
| 87 | (1) The name, telephone number, and physical address where |
| 88 | the mover's employees are available during normal business |
| 89 | hours. |
| 90 | (2) The date the contract or estimate is prepared and any |
| 91 | proposed date of the move. |
| 92 | (3) The name and address of the shipper, the addresses |
| 93 | where the articles are to be picked up and delivered, and a |
| 94 | telephone number where the shipper may be reached. |
| 95 | (4) The name, telephone number, and physical address of |
| 96 | any location where the goods will be held pending further |
| 97 | transportation, including situations where the mover retains |
| 98 | possession of goods pending resolution of a fee dispute with the |
| 99 | shipper. |
| 100 | (5) An itemized breakdown and description and total of all |
| 101 | costs and services for loading, transportation or shipment, |
| 102 | unloading, and accessorial services to be provided during a |
| 103 | household move or storage of household goods. |
| 104 | (6) The name and telephone number of any other person |
| 105 | authorized by the shipper to direct the pickup or delivery of |
| 106 | any items to be transported. The shipper's authorization to the |
| 107 | third party must be in writing. |
| 108 | (7)(6) Acceptable forms of payment. A mover shall accept a |
| 109 | minimum of two of the three following forms of payment: |
| 110 | (a) Cash, cashier's check, money order, or traveler's |
| 111 | check; |
| 112 | (b) Valid personal check, showing upon its face the name |
| 113 | and address of the shipper or authorized representative; or |
| 114 | (c) Valid credit card, which shall include, but not be |
| 115 | limited to, Visa or MasterCard. |
| 116 |
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| 117 | A mover must clearly and conspicuously disclose to the shipper |
| 118 | in the estimate and contract for services the forms of payments |
| 119 | the mover will accept, including the forms of payment described |
| 120 | in paragraphs (a)-(c). |
| 121 | (8) A brief description of the procedures for shipper |
| 122 | inquiry and the handling of complaints, and a telephone number |
| 123 | that the shipper may use to communicate with the movers, |
| 124 | accompanied by a statement disclosing who shall pay for the |
| 125 | calls, if the payor is anyone other than the mover. |
| 126 | (9) If the cost for services provided is based on weight, |
| 127 | a statement that the shipper has a right to observe any weighing |
| 128 | before and after loading. |
| 129 | (10) A statement of acknowledgement to be signed by the |
| 130 | shipper verifying that the shipper received a copy of a |
| 131 | consumer's bill of rights entitled "Now You Know: Intrastate |
| 132 | Household Moving," the content of which the department shall |
| 133 | establish by rule. This information must be provided to the |
| 134 | shipper at the time of the estimate. |
| 135 | (11) Notice to the shipper of the opportunity to request, |
| 136 | at an additional cost to the shipper, a written inventory. |
| 137 | (12) The contract for service provided by a mover to a |
| 138 | shipper, which shall include the following language in bold, |
| 139 | capitalized letters in at least 12-point type: |
| 140 | PLEASE READ CAREFULLY: |
| 141 |
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| 142 | THIS CONTRACT FOR SERVICE IS REQUIRED BY STATE LAW AND MUST |
| 143 | INCLUDE THE TERMS AND COSTS ASSOCIATED WITH YOUR MOVE. IN ORDER |
| 144 | FOR THE CONTRACT FOR SERVICE TO BE ACCURATE, YOU MUST DISCLOSE |
| 145 | TO THE MOVER ALL INFORMATION RELEVANT TO THE MOVE. STATE LAW |
| 146 | REQUIRES THAT A MOVER RELINQUISH POSSESSION OF YOUR GOODS AND |
| 147 | COMPLETE YOUR MOVE UPON PAYMENT OF NO MORE THAN THE SPECIFIED |
| 148 | MAXIMUM AMOUNT DUE AT DELIVERY. |
| 149 | Section 10. Section 507.055, Florida Statutes, is created |
| 150 | to read: |
| 151 | 507.055 Written inventory; offer to shipper required.-- |
| 152 | (1) A mover shall offer to prepare a written inventory of |
| 153 | all items to be moved by the shipper at an additional cost to |
| 154 | the shipper. A shipper may waive, in writing, the preparation of |
| 155 | a written inventory, and such waiver shall be executed at the |
| 156 | time the written estimate for moving and accessorial services is |
| 157 | prepared and signed by the mover and shipper. If the preparation |
| 158 | of a written inventory is not waived, the inventory shall be |
| 159 | prepared and signed by both the shipper and the mover prior to |
| 160 | departure of the mover's motor vehicle from the shipper's pickup |
| 161 | point or points. |
| 162 | (2) A mover may not charge for the preparation of an |
| 163 | inventory unless, prior to preparing the inventory, the mover |
| 164 | clearly and conspicuously discloses in writing to the shipper |
| 165 | the amount of the charge for preparation of the inventory or, if |
| 166 | the amount cannot be determined, the complete basis upon which |
| 167 | the charge will be calculated. |
| 168 | (3) A mover may not require a shipper to waive the |
| 169 | preparation of an inventory. |
| 170 | Section 11. Subsections (7), (8), and (9) are added to |
| 171 | section 507.07, Florida Statutes, to read: |
| 172 | 507.07 Violations.--It is a violation of this chapter to: |
| 173 | (7) Fail to provide a shipper with a written estimate of |
| 174 | moving and accessorial services as required in s. 507.05. |
| 175 | (8) Fail to provide a shipper with the disclosure |
| 176 | statement required in s. 507.05. |
| 177 | (9) Fail to offer to prepare for the shipper a written |
| 178 | inventory of the household goods to be moved, unless such |
| 179 | inventory is waived by the shipper, or to clearly and |
| 180 | conspicuously disclose to a shipper any charges associated with |
| 181 | the preparation of a written inventory as required in s. |
| 182 | 507.055. |
| 183 | Section 12. Subsection (1) of section 507.13, Florida |
| 184 | Statutes, is amended to read: |
| 185 | 507.13 Local regulation.-- |
| 186 | (1) This chapter preempts does not preempt local |
| 187 | ordinances or regulations of a county or municipality which |
| 188 | regulate transactions relating to movers of household goods or |
| 189 | moving brokers. This preemption does not extend to local |
| 190 | business taxes as provided in chapter 205. As provided in s. |
| 191 | 507.03(4), counties and municipalities may require, levy, or |
| 192 | collect any registration fee or tax or require the registration |
| 193 | or bonding in any manner of any mover or moving broker. |
| 194 |
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| 195 | ========= T I T L E A M E N D M E N T ========= |
| 196 | On page 1, line 21, |
| 197 | remove: said line |
| 198 |
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| 199 | and insert: |
| 200 | formulation of antifreeze; amending s. 507.01, F.S.; |
| 201 | amending the definition of the term "storage"; amending s. |
| 202 | 507.02, F.S.; providing that a mover's right to refuse to |
| 203 | transport certain items is not superseded if certain |
| 204 | conditions are met; amending s. 507.03, F.S.; removing a |
| 205 | requirement that each mover and moving broker annually |
| 206 | register with the Department of Agriculture and Consumer |
| 207 | Services; providing for the calculation of registration |
| 208 | fees; requiring that each registration be renewed |
| 209 | biennially on or before the expiration date of the current |
| 210 | registration; authorizing the department to adopt certain |
| 211 | rules; providing an expiration date for such rulemaking |
| 212 | authority; amending s. 507.04, F.S.; authorizing a mover to |
| 213 | exclude liability for items packed by the shipper under |
| 214 | certain conditions; amending s. 507.05, F.S.; requiring a |
| 215 | mover to provide a shipper with a written estimate before |
| 216 | the mover provides any moving or accessorial services; |
| 217 | prohibiting a mover from requiring the waiver of the |
| 218 | written estimate; prohibiting the shipper from waiving the |
| 219 | written estimate; requiring that the written estimate |
| 220 | contain certain information; creating s. 507.055, F.S.; |
| 221 | requiring that a mover offer to prepare a written inventory |
| 222 | of all items to be moved by the shipper, at an additional |
| 223 | cost to the shipper; authorizing a shipper to waive the |
| 224 | preparation of an inventory in writing; providing |
| 225 | requirements for the preparation of an inventory; providing |
| 226 | conditions that must be fulfilled before a mover may charge |
| 227 | for the preparation of an inventory; prohibiting a mover |
| 228 | from requiring a shipper to waive the preparation of an |
| 229 | inventory; amending s. 507.07, F.S.; providing that a mover |
| 230 | commits a violation of state law if the mover fails to |
| 231 | present a shipper with a written estimate of moving and |
| 232 | accessorial services, to present a shipper with the |
| 233 | required disclosure statement, to offer to prepare a |
| 234 | written inventory, or to clearly and conspicuously disclose |
| 235 | any charges associated with the preparation of an |
| 236 | inventory; amending s. 507.13, F.S.; providing for the |
| 237 | preemption of certain local ordinances; limiting such |
| 238 | preemption; amending s. 525.07, |