| 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; authorizing certain counties to |
| 24 | require registration and bonding of movers and moving |
| 25 | brokers; specifying that local business taxes are not |
| 26 | preempted; providing an effective date. |
| 27 |
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| 28 | Be It Enacted by the Legislature of the State of Florida: |
| 29 |
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| 30 | Section 1. Subsection (13) of section 507.01, Florida |
| 31 | Statutes, is amended to read: |
| 32 | 507.01 Definitions.--As used in this chapter, the term: |
| 33 | (13) "Storage" means the temporary warehousing of a |
| 34 | shipper's goods while under the care, custody, and control of |
| 35 | the mover. |
| 36 | Section 2. Subsections (1), (3), and (4) of section |
| 37 | 507.03, Florida Statutes, are amended to read: |
| 38 | 507.03 Registration.-- |
| 39 | (1) Each mover and moving broker must annually register |
| 40 | with the department, providing its legal business and trade |
| 41 | name, mailing address, and business locations; the full names, |
| 42 | addresses, and telephone numbers of its owners or corporate |
| 43 | officers and directors and the Florida agent of the corporation; |
| 44 | a statement whether it is a domestic or foreign corporation, its |
| 45 | state and date of incorporation, its charter number, and, if a |
| 46 | foreign corporation, the date it registered with the Department |
| 47 | of State; the date on which the mover or broker registered its |
| 48 | fictitious name if the mover or broker is operating under a |
| 49 | fictitious or trade name; the name of all other corporations, |
| 50 | business entities, and trade names through which each owner of |
| 51 | the mover or broker operated, was known, or did business as a |
| 52 | mover or moving broker within the preceding 5 years; and proof |
| 53 | of the insurance or alternative coverages required under s. |
| 54 | 507.04. |
| 55 | (3) Registration fees shall be calculated at the rate of |
| 56 | $300 per year per mover or moving broker. All amounts collected |
| 57 | shall be deposited by the Chief Financial Officer to the credit |
| 58 | of the General Inspection Trust Fund of the department for the |
| 59 | sole purpose of administration of this chapter. |
| 60 | (4) A registration must be renewed biennially on or before |
| 61 | its expiration date. In order to establish staggered expiration |
| 62 | dates, the department may extend the expiration date of a |
| 63 | registration for a period not to exceed 12 months. Any mover or |
| 64 | moving broker whose principal place of business is located in a |
| 65 | county or municipality that requires, by local ordinance, a |
| 66 | local license or registration to engage in the business of |
| 67 | moving and storage of household goods must obtain the license or |
| 68 | registration from the county or municipality. A mover or broker |
| 69 | that obtains a local license or registration must also pay the |
| 70 | state registration fee under subsection (3). |
| 71 | Section 3. Subsection (4) of section 507.04, Florida |
| 72 | Statutes, is amended to read: |
| 73 | 507.04 Required insurance coverages; liability |
| 74 | limitations; valuation coverage.-- |
| 75 | (4) LIABILITY LIMITATIONS; VALUATION RATES.-- |
| 76 | (a) A mover may not limit its liability for the loss or |
| 77 | damage of household goods to a valuation rate that is less than |
| 78 | 60 cents per pound per article. A provision of a contract for |
| 79 | moving services is void if the provision limits a mover's |
| 80 | liability to a valuation rate that is less than the minimum rate |
| 81 | allowed under this subsection. |
| 82 | (b) A mover may exclude liability for any household goods |
| 83 | packed by the shipper if the exclusion is declared, and the |
| 84 | shipper declines, in writing, to allow the mover to open and |
| 85 | inspect the box or crate in which the goods were packed by the |
| 86 | shipper. |
| 87 | (c) If a mover limits its liability for a shipper's goods, |
| 88 | the mover must disclose the limitation, including the valuation |
| 89 | rate, to the shipper in writing at the time that the estimate |
| 90 | and contract for services are executed and before any moving or |
| 91 | accessorial services are provided. The disclosure must also |
| 92 | inform the shipper of the opportunity to purchase valuation |
| 93 | coverage if the mover offers that coverage under subsection (5). |
| 94 | Section 4. Section 507.06, Florida Statutes, is amended to |
| 95 | read: |
| 96 | 507.06 Transportation or shipment, delivery, and storage |
| 97 | of household goods.-- |
| 98 | (1) A mover, before transporting or shipping a shipper's |
| 99 | household goods, may refuse to transport or ship any of the |
| 100 | goods, if the mover notifies the shipper and the shipper |
| 101 | acknowledges the refusal in writing. |
| 102 | (2)(1) A mover must relinquish household goods to a |
| 103 | shipper and must place the goods inside a shipper's dwelling or, |
| 104 | if directed by the shipper, inside a storehouse or warehouse |
| 105 | that is owned or rented by the shipper or the shipper's agent, |
| 106 | unless the shipper has not tendered payment in the amount |
| 107 | specified in a written contract or estimate signed and dated by |
| 108 | the shipper. A mover may not refuse to relinquish prescription |
| 109 | medicines and goods for use by children, including children's |
| 110 | furniture, clothing, or toys, under any circumstances. |
| 111 | (3)(2) A mover may not refuse to relinquish household |
| 112 | goods to a shipper or fail to place the goods inside a shipper's |
| 113 | dwelling or, if directed by the shipper, inside a storehouse or |
| 114 | warehouse that is owned or rented by the shipper or the |
| 115 | shipper's agent, based on the mover's refusal to accept an |
| 116 | acceptable form of payment. |
| 117 | (4)(3) A mover that lawfully fails to relinquish a |
| 118 | shipper's household goods may place the goods in storage until |
| 119 | payment is tendered; however, the mover must notify the shipper |
| 120 | of the location where the goods are stored and the amount due |
| 121 | within 5 days after receipt of a written request for that |
| 122 | information from the shipper, which request must include the |
| 123 | address where the shipper may receive the notice. A mover may |
| 124 | not require a prospective shipper to waive any rights or |
| 125 | requirements under this section. |
| 126 | Section 5. Subsection (1) of section 507.07, Florida |
| 127 | Statutes, 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 |
| 130 | advertise to engage in the business of moving or offering to |
| 131 | move, without first being registered annually with the |
| 132 | department. |
| 133 | Section 6. Subsection (1) of section 507.13, Florida |
| 134 | Statutes, is amended to read: |
| 135 | 507.13 Local regulation.-- |
| 136 | (1)(a) Except as provided in paragraphs (b) and (c), this |
| 137 | chapter preempts does not preempt local ordinances or |
| 138 | regulations of a county or municipality which regulate |
| 139 | transactions relating to movers of household goods or moving |
| 140 | brokers. |
| 141 | (b) This chapter does not preempt ordinances or |
| 142 | regulations enacted by a county before January 1, 2009, or |
| 143 | subsequent amendments to such ordinances or regulations. |
| 144 | However, the As provided in s. 507.03(4), counties and |
| 145 | municipalities may require, levy, or collect any registration |
| 146 | fees required by such ordinances or regulations must be |
| 147 | reasonable and may not exceed the cost of administering the |
| 148 | ordinances or regulations. fee or tax or require The |
| 149 | registration or bonding in any manner of any mover or moving |
| 150 | broker may only be required by such ordinances or regulations if |
| 151 | the mover's or moving broker's principal place of business is |
| 152 | located within the county's jurisdiction. |
| 153 | (c) This section does not preempt a local government's |
| 154 | authority to levy a local business tax pursuant to chapter 205. |
| 155 | Section 7. This act shall take effect July 1, 2009. |