CS/HB 891

1
A bill to be entitled
2An act relating to household moving services; amending s.
3507.01, F.S.; redefining the term "storage"; amending s.
4507.03, F.S.; providing for the biennial renewal of mover
5and moving broker registrations; authorizing the
6Department of Agriculture and Consumer Services to extend
7registration expiration dates to establish staggered
8dates; requiring the calculation of biennial registration
9fees based on an annual rate; deleting a provision
10requiring certain movers and moving brokers to obtain a
11local license or registration and pay the state
12registration fee; amending s. 507.04, F.S.; authorizing a
13mover to exclude liability for household goods packed by
14the shipper under certain circumstances; amending s.
15507.06, F.S.; authorizing a mover to refuse to transport
16or ship household goods under certain circumstances;
17amending s. 507.07, F.S.; prohibiting a mover or moving
18broker from conducting business without being registered
19with the department; providing penalties; amending s.
20507.13, F.S.; preempting local ordinances and regulations
21except in certain counties; restricting the levy or
22collection of local registration fees and taxes of movers
23and moving brokers; authorizing certain counties to
24require registration and bonding of movers and moving
25brokers; specifying that local business taxes are not
26preempted; providing an effective date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  Subsection (13) of section 507.01, Florida
31Statutes, is amended to read:
32     507.01  Definitions.--As used in this chapter, the term:
33     (13)  "Storage" means the temporary warehousing of a
34shipper's goods while under the care, custody, and control of
35the mover.
36     Section 2.  Subsections (1), (3), and (4) of section
37507.03, Florida Statutes, are amended to read:
38     507.03  Registration.--
39     (1)  Each mover and moving broker must annually register
40with the department, providing its legal business and trade
41name, mailing address, and business locations; the full names,
42addresses, and telephone numbers of its owners or corporate
43officers and directors and the Florida agent of the corporation;
44a statement whether it is a domestic or foreign corporation, its
45state and date of incorporation, its charter number, and, if a
46foreign corporation, the date it registered with the Department
47of State; the date on which the mover or broker registered its
48fictitious name if the mover or broker is operating under a
49fictitious or trade name; the name of all other corporations,
50business entities, and trade names through which each owner of
51the mover or broker operated, was known, or did business as a
52mover or moving broker within the preceding 5 years; and proof
53of the insurance or alternative coverages required under s.
54507.04.
55     (3)  Registration fees shall be calculated at the rate of
56$300 per year per mover or moving broker. All amounts collected
57shall be deposited by the Chief Financial Officer to the credit
58of the General Inspection Trust Fund of the department for the
59sole purpose of administration of this chapter.
60     (4)  A registration must be renewed biennially on or before
61its expiration date. In order to establish staggered expiration
62dates, the department may extend the expiration date of a
63registration for a period not to exceed 12 months. Any mover or
64moving broker whose principal place of business is located in a
65county or municipality that requires, by local ordinance, a
66local license or registration to engage in the business of
67moving and storage of household goods must obtain the license or
68registration from the county or municipality. A mover or broker
69that obtains a local license or registration must also pay the
70state registration fee under subsection (3).
71     Section 3.  Subsection (4) of section 507.04, Florida
72Statutes, is amended to read:
73     507.04  Required insurance coverages; liability
74limitations; valuation coverage.--
75     (4)  LIABILITY LIMITATIONS; VALUATION RATES.--
76     (a)  A mover may not limit its liability for the loss or
77damage of household goods to a valuation rate that is less than
7860 cents per pound per article. A provision of a contract for
79moving services is void if the provision limits a mover's
80liability to a valuation rate that is less than the minimum rate
81allowed under this subsection.
82     (b)  A mover may exclude liability for any household goods
83packed by the shipper if the exclusion is declared, and the
84shipper declines, in writing, to allow the mover to open and
85inspect the box or crate in which the goods were packed by the
86shipper.
87     (c)  If a mover limits its liability for a shipper's goods,
88the mover must disclose the limitation, including the valuation
89rate, to the shipper in writing at the time that the estimate
90and contract for services are executed and before any moving or
91accessorial services are provided. The disclosure must also
92inform the shipper of the opportunity to purchase valuation
93coverage if the mover offers that coverage under subsection (5).
94     Section 4.  Section 507.06, Florida Statutes, is amended to
95read:
96     507.06  Transportation or shipment, delivery, and storage
97of household goods.--
98     (1)  A mover, before transporting or shipping a shipper's
99household goods, may refuse to transport or ship any of the
100goods, if the mover notifies the shipper and the shipper
101acknowledges the refusal in writing.
102     (2)(1)  A mover must relinquish household goods to a
103shipper and must place the goods inside a shipper's dwelling or,
104if directed by the shipper, inside a storehouse or warehouse
105that is owned or rented by the shipper or the shipper's agent,
106unless the shipper has not tendered payment in the amount
107specified in a written contract or estimate signed and dated by
108the shipper. A mover may not refuse to relinquish prescription
109medicines and goods for use by children, including children's
110furniture, clothing, or toys, under any circumstances.
111     (3)(2)  A mover may not refuse to relinquish household
112goods to a shipper or fail to place the goods inside a shipper's
113dwelling or, if directed by the shipper, inside a storehouse or
114warehouse that is owned or rented by the shipper or the
115shipper's agent, based on the mover's refusal to accept an
116acceptable form of payment.
117     (4)(3)  A mover that lawfully fails to relinquish a
118shipper's household goods may place the goods in storage until
119payment is tendered; however, the mover must notify the shipper
120of the location where the goods are stored and the amount due
121within 5 days after receipt of a written request for that
122information from the shipper, which request must include the
123address where the shipper may receive the notice. A mover may
124not require a prospective shipper to waive any rights or
125requirements under this section.
126     Section 5.  Subsection (1) of section 507.07, Florida
127Statutes, is amended to read:
128     507.07  Violations.--It is a violation of this chapter to:
129     (1)  Conduct business as a mover or moving broker, or
130advertise to engage in the business of moving or offering to
131move, without first being registered annually with the
132department.
133     Section 6.  Subsection (1) of section 507.13, Florida
134Statutes, is amended to read:
135     507.13  Local regulation.--
136     (1)(a)  Except as provided in paragraphs (b) and (c), this
137chapter preempts does not preempt local ordinances or
138regulations of a county or municipality which regulate
139transactions relating to movers of household goods or moving
140brokers.
141     (b)  This chapter does not preempt ordinances or
142regulations enacted by a county before January 1, 2009, or
143subsequent amendments to such ordinances or regulations.
144However, the As provided in s. 507.03(4), counties and
145municipalities may require, levy, or collect any registration
146fees required by such ordinances or regulations must be
147reasonable and may not exceed the cost of administering the
148ordinances or regulations. fee or tax or require The
149registration or bonding in any manner of any mover or moving
150broker may only be required by such ordinances or regulations if
151the mover's or moving broker's principal place of business is
152located within the county's jurisdiction.
153     (c)  This section does not preempt a local government's
154authority to levy a local business tax pursuant to chapter 205.
155     Section 7.  This act shall take effect July 1, 2009.


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