HB 891

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

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