Florida Senate - 2009                                    SB 1570
       
       
       
       By Senator Garcia
       
       
       
       
       40-01392-09                                           20091570__
    1                        A bill to be entitled                      
    2         An act relating to household moving services; amending
    3         s. 507.01, F.S.; redefining the term “storage”;
    4         amending s. 507.03, F.S.; providing for the biennial
    5         renewal of mover and moving broker registrations;
    6         authorizing the Department of Agriculture and Consumer
    7         Services to extend registration expiration dates to
    8         establish staggered dates; requiring the calculation
    9         of biennial registration fees based on an annual rate;
   10         deleting a provision requiring certain movers and
   11         moving brokers to obtain a local license or
   12         registration and pay the state registration fee;
   13         amending s. 507.04, F.S.; authorizing a mover to
   14         exclude liability for household goods packed by the
   15         shipper under certain circumstances; amending s.
   16         507.06, F.S.; authorizing a mover to refuse to
   17         transport or ship household goods under certain
   18         circumstances; amending s. 507.07, F.S.; prohibiting a
   19         mover or moving broker from conducting business
   20         without being registered with the department;
   21         providing penalties; amending s. 507.13, F.S.;
   22         preempting local ordinances and regulations except in
   23         certain counties; restricting the levy or collection
   24         of local registration fees and taxes of movers and
   25         moving brokers; providing an effective date.
   26         
   27  Be It Enacted by the Legislature of the State of Florida:
   28         
   29         Section 1. Subsection (13) of section 507.01, Florida
   30  Statutes, is amended to read:
   31         507.01 Definitions.—As used in this chapter, the term:
   32         (13) “Storage” means the temporary warehousing of a
   33  shipper's goods while under the care, custody, and control of
   34  the mover.
   35         Section 2. Subsections (1), (3), and (4) of section 507.03,
   36  Florida Statutes, are amended to read:
   37         507.03 Registration.—
   38         (1) Each mover and moving broker must annually register
   39  with the department, providing its legal business and trade
   40  name, mailing address, and business locations; the full names,
   41  addresses, and telephone numbers of its owners or corporate
   42  officers and directors and the Florida agent of the corporation;
   43  a statement whether it is a domestic or foreign corporation, its
   44  state and date of incorporation, its charter number, and, if a
   45  foreign corporation, the date it registered with the Department
   46  of State; the date on which the mover or broker registered its
   47  fictitious name if the mover or broker is operating under a
   48  fictitious or trade name; the name of all other corporations,
   49  business entities, and trade names through which each owner of
   50  the mover or broker operated, was known, or did business as a
   51  mover or moving broker within the preceding 5 years; and proof
   52  of the insurance or alternative coverages required under s.
   53  507.04.
   54         (3) Registration fees shall be calculated at the rate of
   55  $300 per year per mover or moving broker. All amounts collected
   56  shall be deposited by the Chief Financial Officer to the credit
   57  of the General Inspection Trust Fund of the department for the
   58  sole purpose of administration of this chapter.
   59         (4) A registration must be renewed biennially on or before
   60  its expiration date. In order to establish staggered expiration
   61  dates, the department may extend the expiration date of a
   62  registration for a period not to exceed 12 months. Any mover or
   63  moving broker whose principal place of business is located in a
   64  county or municipality that requires, by local ordinance, a
   65  local license or registration to engage in the business of
   66  moving and storage of household goods must obtain the license or
   67  registration from the county or municipality. A mover or broker
   68  that obtains a local license or registration must also pay the
   69  state registration fee under subsection (3).
   70         Section 3. Subsection (4) of section 507.04, Florida
   71  Statutes, is amended to read:
   72         507.04 Required insurance coverages; liability limitations;
   73  valuation coverage.—
   74         (4) LIABILITY LIMITATIONS; VALUATION RATES.—
   75         (a) A mover may not limit its liability for the loss or
   76  damage of household goods to a valuation rate that is less than
   77  60 cents per pound per article. A provision of a contract for
   78  moving services is void if the provision limits a mover’s
   79  liability to a valuation rate that is less than the minimum rate
   80  allowed under this subsection.
   81         (b) A mover may exclude liability for any household goods
   82  packed by the shipper if the exclusion is declared, and the
   83  shipper declines, in writing, to allow the mover to open and
   84  inspect the box or crate in which the goods were packed by the
   85  shipper.
   86         (c) If a mover limits its liability for a shipper’s goods,
   87  the mover must disclose the limitation, including the valuation
   88  rate, to the shipper in writing at the time that the estimate
   89  and contract for services are executed and before any moving or
   90  accessorial services are provided. The disclosure must also
   91  inform the shipper of the opportunity to purchase valuation
   92  coverage if the mover offers that coverage under subsection (5).
   93         Section 4. Section 507.06, Florida Statutes, is amended to
   94  read:
   95         507.06 Transportation or shipment, delivery, and storage of
   96  household goods.—
   97         (1) A mover, before transporting or shipping a shipper’s
   98  household goods, may refuse to transport or ship any of the
   99  goods, if the mover notifies the shipper and the shipper
  100  acknowledges the refusal.
  101         (2)(1) A mover must relinquish household goods to a shipper
  102  and must place the goods inside a shipper’s dwelling or, if
  103  directed by the shipper, inside a storehouse or warehouse that
  104  is owned or rented by the shipper or the shipper’s agent, unless
  105  the shipper has not tendered payment in the amount specified in
  106  a written contract or estimate signed and dated by the shipper.
  107  A mover may not refuse to relinquish prescription medicines and
  108  goods for use by children, including children’s furniture,
  109  clothing, or toys, under any circumstances.
  110         (3)(2) A mover may not refuse to relinquish household goods
  111  to a shipper or fail to place the goods inside a shipper’s
  112  dwelling or, if directed by the shipper, inside a storehouse or
  113  warehouse that is owned or rented by the shipper or the
  114  shipper’s agent, based on the mover’s refusal to accept an
  115  acceptable form of payment.
  116         (4)(3) A mover that lawfully fails to relinquish a
  117  shipper’s household goods may place the goods in storage until
  118  payment is tendered; however, the mover must notify the shipper
  119  of the location where the goods are stored and the amount due
  120  within 5 days after receipt of a written request for that
  121  information from the shipper, which request must include the
  122  address where the shipper may receive the notice. A mover may
  123  not require a prospective shipper to waive any rights or
  124  requirements under this section.
  125         Section 5. Subsection (1) of section 507.07, Florida
  126  Statutes, is amended to read:
  127         507.07 Violations.—It is a violation of this chapter to:
  128         (1) Conduct business as a mover or moving broker, or
  129  advertise to engage in the business of moving or offering to
  130  move, without first being registered annually with the
  131  department.
  132         Section 6. Subsection (1) of section 507.13, Florida
  133  Statutes, is amended to read:
  134         507.13 Local regulation.—
  135         (1)(a) Except as provided in paragraph (b), this chapter
  136  preempts does not preempt local ordinances or regulations of a
  137  county or municipality which regulate transactions relating to
  138  movers of household goods or moving brokers.
  139         (b) This chapter does not preempt ordinances or regulations
  140  originally enacted by a county before January 1, 2009. The
  141  ordinance or regulation As provided in s. 507.03(4), counties
  142  and municipalities may require the, levy, or collection of
  143  collect any reasonable registration fee or tax, not to exceed
  144  the cost of administering the ordinance or regulation, and may
  145  or require the registration or bonding in any manner of any
  146  mover or moving broker.
  147         Section 7. This act shall take effect July 1, 2009.