| 1 | A bill to be entitled |
| 2 | An act relating to household moving services; amending s. |
| 3 | 507.01, F.S.; amending the definition of the term |
| 4 | "storage"; amending s. 507.02, F.S.; stating that chapter |
| 5 | 507, F.S., relating to household moving services, does not |
| 6 | supersede certain rights of a mover to refuse to transport |
| 7 | certain items or the right to exclude liability of certain |
| 8 | cause of loss provided the terms are in the estimate and |
| 9 | contract for services; amending s. 507.03, F.S.; removing |
| 10 | the requirement for certain movers and brokers to obtain a |
| 11 | local license or registration; removing the requirement |
| 12 | for such movers and brokers to pay state registration fees |
| 13 | as well as local fees; amending s. 507.13, F.S.; |
| 14 | preempting to the state the regulation of movers of |
| 15 | household goods and moving brokers; providing an effective |
| 16 | date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Subsection (13) of section 507.01, Florida |
| 21 | Statutes, is amended to read: |
| 22 | 507.01 Definitions.--As used in this chapter, the term: |
| 23 | (13) "Storage" means the temporary warehousing of a |
| 24 | shipper's goods while under the care, custody, and control of |
| 25 | the mover. |
| 26 | Section 2. Subsection (5) is added to section 507.02, |
| 27 | Florida Statutes, to read: |
| 28 | 507.02 Construction; intent; application.-- |
| 29 | (5) This chapter does not supersede a mover's right to |
| 30 | refuse to transport certain items, or a mover's common law right |
| 31 | to exclude liability of certain cause of loss, provided that the |
| 32 | terms are provided in the estimate and contract for services. |
| 33 | Section 3. Subsections (4) through (9) of section 507.03, |
| 34 | Florida Statutes, are amended to read: |
| 35 | 507.03 Registration.-- |
| 36 | (4) Any mover or moving broker whose principal place of |
| 37 | business is located in a county or municipality that requires, |
| 38 | by local ordinance, a local license or registration to engage in |
| 39 | the business of moving and storage of household goods must |
| 40 | obtain the license or registration from the county or |
| 41 | municipality. A mover or broker that obtains a local license or |
| 42 | registration must also pay the state registration fee under |
| 43 | subsection (3). |
| 44 | (4)(5) Each contract of a mover or moving broker must |
| 45 | include the phrase " (NAME OF FIRM) is registered with the |
| 46 | State of Florida as a Mover or Moving Broker. Registration No. |
| 47 | _____." |
| 48 | (5)(6) Each advertisement of a mover or moving broker must |
| 49 | include the phrase "Fla. Mover Reg. No. _____" or "Fla. IM No. |
| 50 | _____." Each of the mover's vehicles must clearly and |
| 51 | conspicuously display a sign on the driver's side door which |
| 52 | includes at least one of these phrases in lettering of at least |
| 53 | 1.5 inches in height. |
| 54 | (6)(7) A registration is not valid for any mover or broker |
| 55 | transacting business at any place other than that designated in |
| 56 | the mover's or broker's application, unless the department is |
| 57 | first notified in writing before any change of location. A |
| 58 | registration issued under this chapter is not assignable, and |
| 59 | the mover or broker may not conduct business under more than one |
| 60 | name except as registered. A mover or broker desiring to change |
| 61 | its registered name or location or designated agent for service |
| 62 | of process at a time other than upon renewal of registration |
| 63 | must notify the department of the change. |
| 64 | (7)(8) The department may deny, refuse to renew, or revoke |
| 65 | the registration of any mover or moving broker based upon a |
| 66 | determination that the mover or moving broker, or any of the |
| 67 | mover's or moving broker's directors, officers, owners, or |
| 68 | general partners: |
| 69 | (a) Has failed to meet the requirements for registration |
| 70 | as provided in this chapter; |
| 71 | (b) Has been convicted of a crime involving fraud, |
| 72 | dishonest dealing, or any other act of moral turpitude; |
| 73 | (c) Has not satisfied a civil fine or penalty arising out |
| 74 | of any administrative or enforcement action brought by any |
| 75 | governmental agency or private person based upon conduct |
| 76 | involving fraud, dishonest dealing, or any violation of this |
| 77 | chapter; |
| 78 | (d) Has pending against him or her any criminal, |
| 79 | administrative, or enforcement proceedings in any jurisdiction, |
| 80 | based upon conduct involving fraud, dishonest dealing, or any |
| 81 | other act of moral turpitude; or |
| 82 | (e) Has had a judgment entered against him or her in any |
| 83 | action brought by the department or the Department of Legal |
| 84 | Affairs under this chapter or ss. 501.201-501.213, the Florida |
| 85 | Deceptive and Unfair Trade Practices Act. |
| 86 | (8)(9) Each mover and moving broker shall provide evidence |
| 87 | of the current and valid insurance or alternative coverages |
| 88 | required under s. 507.04. |
| 89 | Section 4. Subsection (1) of section 507.13, Florida |
| 90 | Statutes, is amended to read: |
| 91 | 507.13 Local regulation.-- |
| 92 | (1) This chapter preempts does not preempt local |
| 93 | ordinances or regulations of a county or municipality which |
| 94 | regulate transactions relating to movers of household goods or |
| 95 | moving brokers. As provided in s. 507.03(4), counties and |
| 96 | municipalities may require, levy, or collect any registration |
| 97 | fee or tax or require the registration or bonding in any manner |
| 98 | of any mover or moving broker. |
| 99 | Section 5. This act shall take effect July 1, 2007. |