CS/HB 765

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 a mover's right to refuse to transport certain
7	items provided the terms are in the estimate and contract
8	for services; amending s. 507.03, F.S.; providing for
9	biennial registration; removing the requirement for
10	certain movers and brokers to obtain a local license or
11	registration; removing the requirement for such movers and
12	brokers to pay state registration fees as well as local
13	fees; granting rulemaking authority for implementation of
14	biennial registration; providing an expiration; amending
15	s. 507.04, F.S.; providing for exclusion of certain
16	liability for items packed by the shipper; amending s.
17	507.05, F.S.; providing that a shipper may not waive the
18	right to a written estimate; requiring a bill of rights
19	disclosure statement and providing for content of the
20	statement; providing direction and content for a mover's
21	preparation for a written contract for moving and
22	accessorial services; creating s. 507.055, F.S.; requiring
23	a mover to offer to prepare for the shipper a written
24	inventory of all items to be moved; providing that there
25	be no charge for preparation of the written inventory
26	unless disclosed in writing prior to such preparation;
27	prohibiting a mover from requiring a shipper to waive
28	preparation of an inventory; amending s. 507.07, F.S.;
29	providing violations of the chapter, for which there are
30	penalties; amending s. 507.13, F.S.; preempting to the
31	state the regulation of movers of household goods and
32	moving brokers; providing an exception for local business
33	taxes as provided in ch. 205, F.S.; providing an effective
34	date.
35
36	Be It Enacted by the Legislature of the State of Florida:
37
38	Section 1.  Subsection (13) of section 507.01, Florida
39	Statutes, is amended to read:
40	507.01  Definitions.--As used in this chapter, the term:
41	(13)  "Storage" means the temporary warehousing of a
42	shipper's goods while under the care, custody, and control of
43	the mover.
44	Section 2.  Subsection (5) is added to section 507.02,
45	Florida Statutes, to read:
46	507.02  Construction; intent; application.--
47	(5)  This chapter does not supersede a mover's right to
48	refuse to transport certain items, provided that the terms are
49	provided in the estimate and contract for services.
50	Section 3.  Subsections (1), (3), and (4) of section
51	507.03, Florida Statutes, are amended, and subsection (10) is
52	added to that section, to read:
53	507.03  Registration.--
54	(1)  Each mover and moving broker must annually register
55	with the department, providing its legal business and trade
56	name, mailing address, and business locations; the full names,
57	addresses, and telephone numbers of its owners or corporate
58	officers and directors and the Florida agent of the corporation;
59	a statement whether it is a domestic or foreign corporation, its
60	state and date of incorporation, its charter number, and, if a
61	foreign corporation, the date it registered with the Department
62	of State; the date on which the mover or broker registered its
63	fictitious name if the mover or broker is operating under a
64	fictitious or trade name; the name of all other corporations,
65	business entities, and trade names through which each owner of
66	the mover or broker operated, was known, or did business as a
67	mover or moving broker within the preceding 5 years; and proof
68	of the insurance or alternative coverages required under s.
69	507.04.
70	(3)  Registration fees shall be calculated at a rate of
71	$300 per year per mover or moving broker. All amounts collected
72	shall be deposited by the Chief Financial Officer to the credit
73	of the General Inspection Trust Fund of the department for the
74	sole purpose of administration of this chapter.
75	(4)  Each registration must be renewed biennially on or
76	before the expiration date of the current registration Any mover
77	or moving broker whose principal place of business is located in
78	a county or municipality that requires, by local ordinance, a
79	local license or registration to engage in the business of
80	moving and storage of household goods must obtain the license or
81	registration from the county or municipality. A mover or broker
82	that obtains a local license or registration must also pay the
83	state registration fee under subsection (3).
84	(10)  In order to implement the biennial registration
85	requirements set forth in this section, the department is
86	granted rulemaking authority to stagger the registrations over a
87	2-year period. This subsection expires June 30, 2009.
88	Section 4.  Subsection (4) of section 507.04, Florida
89	Statutes, is amended to read:
90	507.04  Required insurance coverages; liability
91	limitations; valuation coverage.--
92	(4)  LIABILITY LIMITATIONS; VALUATION RATES.--
93	(a)  A mover may not limit its liability for the loss or
94	damage of household goods to a valuation rate that is less than
95	60 cents per pound per article. A provision of a contract for
96	moving services is void if the provision limits a mover's
97	liability to a valuation rate that is less than the minimum rate
98	allowed under this subsection.
99	(b)  A mover may exclude liability for items packed by the
100	shipper if the exclusion is declared and the shipper declines,
101	in writing, to allow the mover the opportunity to open and
102	inspect each container packed by the shipper.
103	(c)  If a mover limits its liability for a shipper's goods,
104	the mover must disclose the limitation, including the valuation
105	rate, to the shipper in writing at the time that the estimate
106	and contract for services are executed and before any moving or
107	accessorial services are provided. The disclosure must also
108	inform the shipper of the opportunity to purchase valuation
109	coverage if the mover offers that coverage under subsection (5).
110	Section 5.  Section 507.05, Florida Statutes, is amended to
111	read:
112	507.05  Estimates and contracts for moving and accessorial
113	services service.--Before providing any moving or accessorial
114	services, a contract and estimate for services must be provided
115	to a prospective shipper in writing and, must be signed and
116	dated by the shipper and the mover. A mover may not require, nor
117	shall a shipper be able to waive the requirement for a written
118	estimate. The written estimate and contract and must include:
119	(1)  The name, telephone number, and physical address where
120	the mover's employees are available during normal business
121	hours.
122	(2)  The date the contract or estimate is prepared and any
123	proposed date of the move.
124	(3)  The name and address of the shipper, the addresses
125	where the articles are to be picked up and delivered, and a
126	telephone number where the shipper may be reached.
127	(4)  The name, telephone number, and physical address of
128	any location where the goods will be held pending further
129	transportation, including situations where the mover retains
130	possession of goods pending resolution of a fee dispute with the
131	shipper.
132	(5)  An itemized breakdown and description and total of all
133	costs and services for loading, transportation or shipment,
134	unloading, and accessorial services to be provided during a
135	household move or storage of household goods.
136	(6)  The name and telephone number of any other person who
137	may authorize pickup or delivery of any items to be transported.
138	Authorization for third-party pickup or delivery must be made in
139	writing by the shipper.
140	(7)(6)  Acceptable forms of payment. A mover shall accept a
141	minimum of two of the three following forms of payment:
142	(a)  Cash, cashier's check, money order, or traveler's
143	check;
144	(b)  Valid personal check, showing upon its face the name
145	and address of the shipper or authorized representative; or
146	(c)  Valid credit card, which shall include, but not be
147	limited to, Visa or MasterCard.
148
149	A mover must clearly and conspicuously disclose to the shipper
150	in the estimate and contract for services the forms of payments
151	the mover will accept, including the forms of payment described
152	in paragraphs (a)-(c).
153	(8)  A brief description of the procedures for shipper
154	inquiry and complaint handling and a telephone number the
155	shipper may use to communicate with the movers, accompanied by a
156	statement disclosing who shall pay for the calls, if other than
157	the mover.
158	(9)  If the cost for services provided is based on weight,
159	a statement that the shipper has a right to observe any weighing
160	before and after loading.
161	(10)  A statement of acknowledgement to be signed by the
162	shipper verifying that the shipper received a copy of a
163	consumer's bill of rights entitled "Now You Know& Intrastate
164	Household Moving," the content of which the department shall
165	establish by rule, which must be provided to the shipper at the
166	time of the estimate.
167	(11)  Notice to the shipper of the opportunity to request,
168	at an additional cost to the shipper, a written inventory.
169	(12)  The contract for service provided by a mover to a
170	shipper, which shall include the following language in bold
171	capitalized letters of at least 12-point type:
172
173	PLEASE READ CAREFULLY:
174
175	THIS CONTRACT FOR SERVICE IS REQUIRED BY STATE LAW AND MUST
176	INCLUDE THE TERMS AND COSTS ASSOCIATED WITH YOUR MOVE. IN ORDER
177	FOR THE CONTRACT FOR SERVICE TO BE ACCURATE, YOU MUST DISCLOSE
178	TO THE MOVER ALL INFORMATION RELEVANT TO THE MOVE. STATE LAW
179	REQUIRES THAT A MOVER RELINQUISH POSSESSION OF YOUR GOODS AND
180	COMPLETE YOUR MOVE UPON PAYMENT OF NO MORE THAN THE SPECIFIED
181	MAXIMUM AMOUNT DUE AT DELIVERY.
182	Section 6.  Section 507.055, Florida Statutes, is created
183	to read:
184	507.055  Written inventory; offer to shipper required.--
185	(1)  A mover shall offer to prepare a written inventory of
186	all items to be moved by the shipper at an additional cost to
187	the shipper. A shipper may waive, in writing, the preparation of
188	a written inventory, which shall be expressed at the time the
189	written estimate for moving and accessorial services is prepared
190	and signed by the mover and shipper. If preparation of a written
191	inventory is not waived, the inventory shall be prepared and
192	signed by both the shipper and the mover prior to departure of
193	the mover's motor vehicle from the shipper's pickup point or
194	points.
195	(2)  No mover shall charge for preparing an inventory
196	unless, prior to preparing the inventory, the mover clearly and
197	conspicuously discloses in writing to the shipper the amount of
198	the charge for preparation of the inventory or, if the amount
199	cannot be determined, the complete basis upon which the charge
200	will be calculated.
201	(3)  It is unlawful for a mover to require a shipper to
202	waive the preparation of an inventory.
203	Section 7.  Subsections (7), (8), and (9) are added to
204	section 507.07, Florida Statutes, to read:
205	507.07  Violations.--It is a violation of this chapter to:
206	(7)  Fail to present a shipper with a written estimate of
207	moving and accessorial services required pursuant to s. 507.05.
208	(8)  Fail to present to a shipper the disclosure statement
209	required under s. 507.05.
210	(9)  Fail to offer to a shipper a written inventory of the
211	household goods to be moved, unless waived by the shipper, or to
212	clearly and conspicuously disclose to a shipper any charges
213	associated with the preparation of a written inventory as
214	required in s. 507.055.
215	Section 8.  Subsection (1) of section 507.13, Florida
216	Statutes, is amended to read:
217	507.13  Local regulation.--
218	(1)  This chapter preempts does not preempt local
219	ordinances or regulations of a county or municipality which
220	regulate transactions relating to movers of household goods or
221	moving brokers. This preemption does not extend to local
222	business taxes as provided in chapter 205. As provided in s.
223	507.03(4), counties and municipalities may require, levy, or
224	collect any registration fee or tax or require the registration
225	or bonding in any manner of any mover or moving broker.
226	Section 9.  This act shall take effect July 1, 2007.

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