HB 611

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.; providing that a
5	mover's right to refuse to transport certain items is not
6	superseded if certain conditions are met; amending s.
7	507.03, F.S.; removing a requirement that each mover and
8	moving broker annually register with the Department of
9	Agriculture and Consumer Services; providing for the
10	calculation of registration fees; requiring that each
11	registration be renewed biennially on or before the
12	expiration date of the current registration; authorizing
13	the department to adopt certain rules; providing an
14	expiration date for such rulemaking authority; amending s.
15	507.04, F.S.; authorizing a mover to exclude liability for
16	items packed by the shipper under certain conditions;
17	amending s. 507.05, F.S.; requiring a mover to provide a
18	shipper with a written estimate before the mover provides
19	any moving or accessorial services; prohibiting a mover
20	from requiring the waiver of the written estimate;
21	prohibiting the shipper from waiving the written estimate;
22	requiring that the written estimate contain certain
23	information; creating s. 507.055, F.S.; requiring that a
24	mover offer to prepare a written inventory of all items to
25	be moved by the shipper at an additional cost to the
26	shipper; authorizing a shipper to waive the preparation of
27	an inventory in writing; providing requirements for the
28	preparation of an inventory; providing conditions that
29	must be fulfilled before a mover may charge for the
30	preparation of an inventory; prohibiting a mover from
31	requiring a shipper to waive the preparation of an
32	inventory; amending s. 507.07, F.S.; providing that a
33	mover commits a violation of state law if the mover fails
34	to present a shipper with a written estimate of moving and
35	accessorial services, to present a shipper with the
36	required disclosure statement, to offer to prepare a
37	written inventory, or to clearly and conspicuously
38	disclose any charges associated with the preparation of an
39	inventory; amending s. 507.13, F.S.; providing for the
40	preemption of certain local ordinances; limiting such
41	preemption; providing an effective date.
42
43	Be It Enacted by the Legislature of the State of Florida:
44
45	Section 1.  Subsection (13) of section 507.01, Florida
46	Statutes, is amended to read:
47	507.01  Definitions.--As used in this chapter, the term:
48	(13)  "Storage" means the temporary warehousing of a
49	shipper's goods while under the care, custody, and control of
50	the mover.
51	Section 2.  Subsection (5) is added to section 507.02,
52	Florida Statutes, to read:
53	507.02  Construction; intent; application.--
54	(5)  This chapter does not supersede a mover's right to
55	refuse to transport certain items if the terms are provided in
56	the estimate and contract for services.
57	Section 3.  Subsections (1), (3), and (4) of section
58	507.03, Florida Statutes, are amended, and subsection (10) is
59	added to that section, to read:
60	507.03  Registration.--
61	(1)  Each mover and moving broker must annually register
62	with the department, providing its legal business and trade
63	name, mailing address, and business locations; the full names,
64	addresses, and telephone numbers of its owners or corporate
65	officers and directors and the Florida agent of the corporation;
66	a statement whether it is a domestic or foreign corporation, its
67	state and date of incorporation, its charter number, and, if a
68	foreign corporation, the date it registered with the Department
69	of State; the date on which the mover or broker registered its
70	fictitious name if the mover or broker is operating under a
71	fictitious or trade name; the name of all other corporations,
72	business entities, and trade names through which each owner of
73	the mover or broker operated, was known, or did business as a
74	mover or moving broker within the preceding 5 years; and proof
75	of the insurance or alternative coverages required under s.
76	507.04.
77	(3)  Registration fees shall be calculated at a rate of
78	$300 per year per mover or moving broker. All amounts collected
79	shall be deposited by the Chief Financial Officer to the credit
80	of the General Inspection Trust Fund of the department for the
81	sole purpose of administration of this chapter.
82	(4)  Each registration must be renewed biennially on or
83	before the expiration date of the current registration. Any
84	mover or moving broker whose principal place of business is
85	located in a county or municipality that requires, by local
86	ordinance, a local license or registration to engage in the
87	business of moving and storage of household goods must obtain
88	the license or registration from the county or municipality. A
89	mover or broker that obtains a local license or registration
90	must also pay the state registration fee under subsection (3).
91	(10)  In order to implement the biennial registration
92	requirements in this section, the department may adopt rules to
93	stagger the registrations over a 2-year period. This subsection
94	expires June 30, 2010.
95	Section 4.  Subsection (4) of section 507.04, Florida
96	Statutes, is amended to read:
97	507.04  Required insurance coverages; liability
98	limitations; valuation coverage.--
99	(4)  LIABILITY LIMITATIONS; VALUATION RATES.--
100	(a)  A mover may not limit its liability for the loss or
101	damage of household goods to a valuation rate that is less than
102	60 cents per pound per article. A provision of a contract for
103	moving services is void if the provision limits a mover's
104	liability to a valuation rate that is less than the minimum rate
105	allowed under this subsection.
106	(b)  A mover may exclude liability for items packed by the
107	shipper if the exclusion is declared and the shipper declines,
108	in writing, to allow the mover to open and inspect each
109	container packed by the shipper.
110	(c)  If a mover limits its liability for a shipper's goods,
111	the mover must disclose the limitation, including the valuation
112	rate, to the shipper in writing at the time that the estimate
113	and contract for services are executed and before any moving or
114	accessorial services are provided. The disclosure must also
115	inform the shipper of the opportunity to purchase valuation
116	coverage if the mover offers that coverage under subsection (5).
117	Section 5.  Section 507.05, Florida Statutes, is amended to
118	read:
119	507.05  Estimates and contracts for moving and accessorial
120	services service.--Before providing any moving or accessorial
121	services, a contract and estimate for services must be provided
122	to a prospective shipper in writing and, must be signed and
123	dated by the shipper and the mover. A mover may not require the
124	waiver of, and a shipper may not waive, the required written
125	estimate. The written estimate and contract, and must include:
126	(1)  The name, telephone number, and physical address where
127	the mover's employees are available during normal business
128	hours.
129	(2)  The date the contract or estimate is prepared and any
130	proposed date of the move.
131	(3)  The name and address of the shipper, the addresses
132	where the articles are to be picked up and delivered, and a
133	telephone number where the shipper may be reached.
134	(4)  The name, telephone number, and physical address of
135	any location where the goods will be held pending further
136	transportation, including situations where the mover retains
137	possession of goods pending resolution of a fee dispute with the
138	shipper.
139	(5)  An itemized breakdown and description and total of all
140	costs and services for loading, transportation or shipment,
141	unloading, and accessorial services to be provided during a
142	household move or storage of household goods.
143	(6)  The name and telephone number of any other person
144	authorized by the shipper to direct the pickup or delivery of
145	any items to be transported. The shipper's authorization to the
146	third party must be in writing.
147	(7)(6)  Acceptable forms of payment. A mover shall accept a
148	minimum of two of the three following forms of payment:
149	(a)  Cash, cashier's check, money order, or traveler's
150	check;
151	(b)  Valid personal check, showing upon its face the name
152	and address of the shipper or authorized representative; or
153	(c)  Valid credit card, which shall include, but not be
154	limited to, Visa or MasterCard.
155
156	A mover must clearly and conspicuously disclose to the shipper
157	in the estimate and contract for services the forms of payments
158	the mover will accept, including the forms of payment described
159	in paragraphs (a)-(c).
160	(8)  A brief description of the procedures for shipper
161	inquiry and the handling of complaints, and a telephone number
162	that the shipper may use to communicate with the movers,
163	accompanied by a statement disclosing who must pay for the
164	calls, if the payor is anyone other than the mover.
165	(9)  If the cost for services provided is based on weight,
166	a statement that the shipper may observe any weighing before and
167	after loading.
168	(10)  A statement of acknowledgement to be signed by the
169	shipper verifying that the shipper received a copy of a
170	consumer's bill of rights entitled "Now You Know: Intrastate
171	Household Moving," the content of which the department shall
172	establish by rule. This information must be provided to the
173	shipper at the time of the estimate.
174	(11)  Notice to the shipper of the opportunity to request,
175	at an additional cost to the shipper, a written inventory.
176	(12)  The contract for service provided by a mover to a
177	shipper, which must include the following language in bold,
178	capitalized letters in at least 12-point type:
179
180	PLEASE READ CAREFULLY:
181	THIS CONTRACT FOR SERVICE IS REQUIRED BY STATE LAW
182	AND MUST INCLUDE THE TERMS AND COSTS ASSOCIATED WITH
183	YOUR MOVE. IN ORDER FOR THE CONTRACT FOR SERVICE TO
184	BE ACCURATE, YOU MUST DISCLOSE TO THE MOVER ALL
185	INFORMATION RELEVANT TO THE MOVE. STATE LAW REQUIRES
186	THAT A MOVER RELINQUISH POSSESSION OF YOUR GOODS AND
187	COMPLETE YOUR MOVE UPON PAYMENT OF NO MORE THAN THE
188	SPECIFIED MAXIMUM AMOUNT DUE AT DELIVERY.
189
190	Section 6.  Section 507.055, Florida Statutes, is created
191	to read:
192	507.055  Written inventory; offer to shipper required.--
193	(1)  A mover shall offer to prepare a written inventory of
194	all items to be moved by the shipper at an additional cost to
195	the shipper. A shipper may waive, in writing, the preparation
196	of a written inventory, and such waiver shall be executed at
197	the time the written estimate for moving and accessorial
198	services is prepared and signed by the mover and shipper. If
199	the preparation of a written inventory is not waived, the
200	inventory shall be prepared and signed by the shipper and the
201	mover prior to departure of the mover's motor vehicle from any
202	pickup point of the shipper.
203	(2)  A mover may not charge for the preparation of an
204	inventory unless, prior to preparing the inventory, the mover
205	clearly and conspicuously discloses in writing to the shipper
206	the amount of the charge for preparation of the inventory or,
207	if the amount cannot be determined, the complete basis upon
208	which the charge will be calculated.
209	(3)  A mover may not require a shipper to waive the
210	preparation of an inventory.
211	Section 7.  Subsections (7), (8), and (9) are added to
212	section 507.07, Florida Statutes, to read:
213	507.07  Violations.--It is a violation of this chapter to:
214	(7)  Fail to provide a shipper with a written estimate of
215	moving and accessorial services as required in s. 507.05.
216	(8)  Fail to provide a shipper with the disclosure
217	statement required in s. 507.05.
218	(9)  Fail to offer to prepare for the shipper a written
219	inventory of the household goods to be moved, unless such
220	inventory is waived by the shipper, or to clearly and
221	conspicuously disclose to a shipper any charges associated with
222	the preparation of a written inventory as required in s.
223	507.055.
224	Section 8.  Subsection (1) of section 507.13, Florida
225	Statutes, is amended to read:
226	507.13  Local regulation.--
227	(1)  This chapter preempts does not preempt local
228	ordinances or regulations of a county or municipality which
229	regulate transactions relating to movers of household goods or
230	moving brokers. This preemption does not extend to local
231	business taxes as provided in chapter 205. As provided in s.
232	507.03(4), counties and municipalities may require, levy, or
233	collect any registration fee or tax or require the registration
234	or bonding in any manner of any mover or moving broker.
235	Section 9.  This act shall take effect July 1, 2008.

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