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A bill to be entitled

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An act relating to household moving services; amending s.

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507.01, F.S.; amending the definition of the term

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"storage"; amending s. 507.02, F.S.; providing that a

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mover's right to refuse to transport certain items is not

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superseded if certain conditions are met; amending s.

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507.03, F.S.; removing a requirement that each mover and

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moving broker annually register with the Department of

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Agriculture and Consumer Services; providing for the

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calculation of registration fees; requiring that each

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registration be renewed biennially on or before the

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expiration date of the current registration; authorizing

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the department to adopt certain rules; providing an

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expiration date for such rulemaking authority; amending s.

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507.04, F.S.; authorizing a mover to exclude liability for

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items packed by the shipper under certain conditions;

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amending s. 507.05, F.S.; requiring a mover to provide a

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shipper with a written estimate before the mover provides

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any moving or accessorial services; prohibiting a mover

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from requiring the waiver of the written estimate;

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prohibiting the shipper from waiving the written estimate;

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requiring that the written estimate contain certain

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information; creating s. 507.055, F.S.; requiring that a

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mover offer to prepare a written inventory of all items to

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be moved by the shipper at an additional cost to the

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shipper; authorizing a shipper to waive the preparation of

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an inventory in writing; providing requirements for the

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preparation of an inventory; providing conditions that

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must be fulfilled before a mover may charge for the

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preparation of an inventory; prohibiting a mover from

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requiring a shipper to waive the preparation of an

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inventory; amending s. 507.07, F.S.; providing that a

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mover commits a violation of state law if the mover fails

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to present a shipper with a written estimate of moving and

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accessorial services, to present a shipper with the

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required disclosure statement, to offer to prepare a

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written inventory, or to clearly and conspicuously

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disclose any charges associated with the preparation of an

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inventory; amending s. 507.13, F.S.; providing for the

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preemption of certain local ordinances; limiting such

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preemption; providing an effective date.

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

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

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Statutes, is amended to read:

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     507.01  Definitions.--As used in this chapter, the term:

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

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

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mover.

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

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Florida Statutes, to read:

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     507.02  Construction; intent; application.--

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

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refuse to transport certain items if the terms are provided in

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the estimate and contract for services.

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     Section 3.  Subsections (1), (3), and (4) of section 507.03,

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Florida Statutes, are amended, and subsection (10) is added to

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that section, to read:

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     507.03  Registration.--

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     (1) Each mover and moving broker must annually register

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with the department, providing its legal business and trade name,

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mailing address, and business locations; the full names,

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addresses, and telephone numbers of its owners or corporate

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officers and directors and the Florida agent of the corporation;

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a statement whether it is a domestic or foreign corporation, its

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state and date of incorporation, its charter number, and, if a

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foreign corporation, the date it registered with the Department

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of State; the date on which the mover or broker registered its

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fictitious name if the mover or broker is operating under a

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fictitious or trade name; the name of all other corporations,

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business entities, and trade names through which each owner of

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the mover or broker operated, was known, or did business as a

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mover or moving broker within the preceding 5 years; and proof of

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the insurance or alternative coverages required under s. 507.04.

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     (3) Registration fees shall be calculated at a rate of $300

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per year per mover or moving broker. All amounts collected shall

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be deposited by the Chief Financial Officer to the credit of the

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General Inspection Trust Fund of the department for the sole

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purpose of administration of this chapter.

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     (4) Each registration must be renewed biennially on or

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before the expiration date of the current registration. Any mover

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or moving broker whose principal place of business is located in

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a county or municipality that requires, by local ordinance, a

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local license or registration to engage in the business of moving

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and storage of household goods must obtain the license or

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registration from the county or municipality. A mover or broker

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that obtains a local license or registration must also pay the

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state registration fee under subsection (3).

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     (10) In order to implement the biennial registration

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requirements in this section, the department may adopt rules to

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stagger the registrations over a 2-year period. This subsection

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expires June 30, 2010.

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

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Statutes, is amended to read:

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     507.04  Required insurance coverages; liability limitations;

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valuation coverage.--

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     (4)  LIABILITY LIMITATIONS; VALUATION RATES.--

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

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damage of household goods to a valuation rate that is less than

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60 cents per pound per article. A provision of a contract for

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

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

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allowed under this subsection.

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

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shipper if the exclusion is declared and the shipper declines, in

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writing, to allow the mover to open and inspect each container

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packed by the shipper.

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

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the mover must disclose the limitation, including the valuation

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rate, to the shipper in writing at the time that the estimate and

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contract for services are executed and before any moving or

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accessorial services are provided. The disclosure must also

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inform the shipper of the opportunity to purchase valuation

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coverage if the mover offers that coverage under subsection (5).

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     Section 5.  Section 507.05, Florida Statutes, is amended to

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read:

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     507.05 Estimates and contracts for moving and accessorial

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services service.--Before providing any moving or accessorial

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services, a contract and estimate for services must be provided

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to a prospective shipper in writing and, must be signed and dated

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by the shipper and the mover. A mover may not require the waiver

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of, and a shipper may not waive, the required written estimate.

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The written estimate and contract, and must include:

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

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the mover's employees are available during normal business hours.

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

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proposed date of the move.

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

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

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telephone number where the shipper may be reached.

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     (4)  The name, telephone number, and physical address of any

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location where the goods will be held pending further

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transportation, including situations where the mover retains

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possession of goods pending resolution of a fee dispute with the

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shipper.

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

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costs and services for loading, transportation or shipment,

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unloading, and accessorial services to be provided during a

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household move or storage of household goods.

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

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

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items to be transported. The shipper's authorization to the third

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party must be in writing.

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

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minimum of two of the three following forms of payment:

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

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check;

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

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and address of the shipper or authorized representative; or

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

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limited to, Visa or MasterCard.

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A mover must clearly and conspicuously disclose to the shipper in

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the estimate and contract for services the forms of payments the

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mover will accept, including the forms of payment described in

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paragraphs (a)-(c).

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     (8) A brief description of the procedures for shipper

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inquiry and the handling of complaints, and a telephone number

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that the shipper may use to communicate with the movers,

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accompanied by a statement disclosing who must pay for the calls,

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if the payor is anyone other than the mover.

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     (9) If the cost for services provided is based on weight, a

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statement that the shipper may observe any weighing before and

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after loading.

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

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shipper verifying that the shipper received a copy of a

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

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Household Moving," the content of which the department shall

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establish by rule. This information must be provided to the

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shipper at the time of the estimate.

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     (11) Notice to the shipper of the opportunity to request,

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at an additional cost to the shipper, a written inventory.

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

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shipper, which must include the following language in bold,

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capitalized letters in at least 12-point type:

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PLEASE READ CAREFULLY:

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THIS CONTRACT FOR SERVICE IS REQUIRED BY STATE LAW

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AND MUST INCLUDE THE TERMS AND COSTS ASSOCIATED WITH

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YOUR MOVE. IN ORDER FOR THE CONTRACT FOR SERVICE TO

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BE ACCURATE, YOU MUST DISCLOSE TO THE MOVER ALL

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INFORMATION RELEVANT TO THE MOVE. STATE LAW REQUIRES

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THAT A MOVER RELINQUISH POSSESSION OF YOUR GOODS AND

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COMPLETE YOUR MOVE UPON PAYMENT OF NO MORE THAN THE

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SPECIFIED MAXIMUM AMOUNT DUE AT DELIVERY.

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     Section 6.  Section 507.055, Florida Statutes, is created

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to read:

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     507.055 Written inventory; offer to shipper required.--

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

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

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the shipper. A shipper may waive, in writing, the preparation

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of a written inventory, and such waiver shall be executed at

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the time the written estimate for moving and accessorial

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services is prepared and signed by the mover and shipper. If

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the preparation of a written inventory is not waived, the

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inventory shall be prepared and signed by the shipper and the

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mover prior to departure of the mover's motor vehicle from any

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pickup point of the shipper.

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

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inventory unless, prior to preparing the inventory, the mover

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clearly and conspicuously discloses in writing to the shipper

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

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if the amount cannot be determined, the complete basis upon

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which the charge will be calculated.

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

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preparation of an inventory.

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

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section 507.07, Florida Statutes, to read:

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     507.07  Violations.--It is a violation of this chapter to:

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

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moving and accessorial services as required in s. 507.05.

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     (8) Fail to provide a shipper with the disclosure

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statement required in s. 507.05.

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

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inventory of the household goods to be moved, unless such

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inventory is waived by the shipper, or to clearly and

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conspicuously disclose to a shipper any charges associated with

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the preparation of a written inventory as required in s.

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507.055.

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

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Statutes, is amended to read:

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     507.13  Local regulation.--

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     (1) This chapter preempts does not preempt local

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ordinances or regulations of a county or municipality which

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regulate transactions relating to movers of household goods or

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moving brokers. This preemption does not extend to local

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

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

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collect any registration fee or tax or require the registration

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or bonding in any manner of any mover or moving broker.

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     Section 9.  This act shall take effect July 1, 2008.