CS/CS/HB 199

1	A bill to be entitled
2	An act relating to household moving services; amending s.
3	507.01, F.S.; revising 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	specifying that local business taxes are not preempted;
22	providing exceptions from preemption for certain counties;
23	restricting such counties from levying or collecting local
24	registration fees and taxes from movers and moving
25	brokers; authorizing such counties to require registration
26	and bonding of movers and moving brokers; providing for
27	expiration of such exceptions from preemption; providing
28	an effective date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1.  Subsection (13) of section 507.01, Florida
33	Statutes, is amended to read:
34	507.01  Definitions.-As used in this chapter, the term:
35	(13)  "Storage" means the temporary warehousing of a
36	shipper's goods while under the care, custody, and control of
37	the mover.
38	Section 2.  Subsections (1), (3), and (4) of section
39	507.03, Florida Statutes, are amended to read:
40	507.03  Registration.-
41	(1)  Each mover and moving broker must annually register
42	with the department, providing its legal business and trade
43	name, mailing address, and business locations; the full names,
44	addresses, and telephone numbers of its owners or corporate
45	officers and directors and the Florida agent of the corporation;
46	a statement whether it is a domestic or foreign corporation, its
47	state and date of incorporation, its charter number, and, if a
48	foreign corporation, the date it registered with the Department
49	of State; the date on which the mover or broker registered its
50	fictitious name if the mover or broker is operating under a
51	fictitious or trade name; the name of all other corporations,
52	business entities, and trade names through which each owner of
53	the mover or broker operated, was known, or did business as a
54	mover or moving broker within the preceding 5 years; and proof
55	of the insurance or alternative coverages required under s.
56	507.04.
57	(3)  Registration fees shall be calculated at the rate of
58	$300 per year per mover or moving broker. All amounts collected
59	shall be deposited by the Chief Financial Officer to the credit
60	of the General Inspection Trust Fund of the department for the
61	sole purpose of administration of this chapter.
62	(4)  A registration must be renewed biennially on or before
63	its expiration date. In order to establish staggered expiration
64	dates, the department may extend the expiration date of a
65	registration for a period not to exceed 12 months. Any mover or
66	moving broker whose principal place of business is located in a
67	county or municipality that requires, by local ordinance, a
68	local license or registration to engage in the business of
69	moving and storage of household goods must obtain the license or
70	registration from the county or municipality. A mover or broker
71	that obtains a local license or registration must also pay the
72	state registration fee under subsection (3).
73	Section 3.  Subsection (4) of section 507.04, Florida
74	Statutes, is amended to read:
75	507.04  Required insurance coverages; liability
76	limitations; valuation coverage.-
77	(4)  LIABILITY LIMITATIONS; VALUATION RATES.-
78	(a)  A mover may not limit its liability for the loss or
79	damage of household goods to a valuation rate that is less than
80	60 cents per pound per article. A provision of a contract for
81	moving services is void if the provision limits a mover's
82	liability to a valuation rate that is less than the minimum rate
83	allowed under this subsection.
84	(b)  A mover may exclude liability for any household goods
85	packed by the shipper if the exclusion is declared, and the
86	shipper declines, in writing, to allow the mover to open and
87	inspect the box or crate in which the goods were packed by the
88	shipper.
89	(c)  If a mover limits its liability for a shipper's goods,
90	the mover must disclose the limitation, including the valuation
91	rate, to the shipper in writing at the time that the estimate
92	and contract for services are executed and before any moving or
93	accessorial services are provided. The disclosure must also
94	inform the shipper of the opportunity to purchase valuation
95	coverage if the mover offers that coverage under subsection (5).
96	Section 4.  Section 507.06, Florida Statutes, is amended to
97	read:
98	507.06  Transportation or shipment, delivery, and storage
99	of household goods.-
100	(1)  A mover, before transporting or shipping a shipper's
101	household goods, may refuse to transport or ship any of the
102	goods, if the mover notifies the shipper and the shipper
103	acknowledges the refusal in writing.
104	(2)(1)  A mover must relinquish household goods to a
105	shipper and must place the goods inside a shipper's dwelling or,
106	if directed by the shipper, inside a storehouse or warehouse
107	that is owned or rented by the shipper or the shipper's agent,
108	unless the shipper has not tendered payment in the amount
109	specified in a written contract or estimate signed and dated by
110	the shipper. A mover may not refuse to relinquish prescription
111	medicines and goods for use by children, including children's
112	furniture, clothing, or toys, under any circumstances.
113	(3)(2)  A mover may not refuse to relinquish household
114	goods to a shipper or fail to place the goods inside a shipper's
115	dwelling or, if directed by the shipper, inside a storehouse or
116	warehouse that is owned or rented by the shipper or the
117	shipper's agent, based on the mover's refusal to accept an
118	acceptable form of payment.
119	(4)(3)  A mover that lawfully fails to relinquish a
120	shipper's household goods may place the goods in storage until
121	payment is tendered; however, the mover must notify the shipper
122	of the location where the goods are stored and the amount due
123	within 5 days after receipt of a written request for that
124	information from the shipper, which request must include the
125	address where the shipper may receive the notice. A mover may
126	not require a prospective shipper to waive any rights or
127	requirements under this section.
128	Section 5.  Subsection (1) of section 507.07, Florida
129	Statutes, is amended to read:
130	507.07  Violations.-It is a violation of this chapter to:
131	(1)  Conduct business as a mover or moving broker, or
132	advertise to engage in the business of moving or offering to
133	move, without first being registered annually with the
134	department.
135	Section 6.  Subsection (1) of section 507.13, Florida
136	Statutes, is amended to read:
137	507.13  Local regulation.-
138	(1)(a)  This chapter preempts the does not preempt local
139	ordinances and or regulations of a county or municipality which
140	regulate transactions relating to movers of household goods or
141	moving brokers. This paragraph does not preempt a local
142	government's authority to levy a local business tax pursuant to
143	chapter 205.
144	(b)  Notwithstanding paragraph (a), this chapter does not
145	preempt an ordinance or regulation enacted by a county before
146	January 1, 2010, or subsequent amendments to such ordinance or
147	regulation. However, As provided in s. 507.03(4), counties and
148	municipalities may require, levy, or collect any registration
149	fees required by such ordinance or regulation must be reasonable
150	and may not exceed the cost of administering the ordinance or
151	regulation. Such ordinance or regulation may only apply to a fee
152	or tax or require the registration or bonding in any manner of
153	any mover or moving broker whose principal place of business is
154	located within the county's jurisdiction. This paragraph expires
155	June 30, 2015, unless reviewed and reenacted by the Legislature
156	before that date.
157	Section 7.  This act shall take effect July 1, 2010.

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