Florida Senate - 2015              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 798
       
       
       
       
       
                               Ì275316)Î275316                          
       
       576-03718-15                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on General Government)
    1                        A bill to be entitled                      
    2         An act relating to household moving services; amending
    3         s. 507.01, F.S.; defining terms; amending s. 507.02,
    4         F.S.; clarifying intent; amending s. 507.04, F.S.;
    5         removing a prohibition that a mover may not limit its
    6         liability for the loss or damage of household goods to
    7         a specified valuation rate; removing a requirement
    8         that a mover disclose a liability limitation when the
    9         mover limits its liability for a shipper’s goods;
   10         requiring a mover to offer valuation coverage to
   11         compensate a shipper for the loss or damage of the
   12         shipper’s household goods that are lost or damaged
   13         during a household move; requiring the valuation
   14         coverage to indemnify the shipper for at least the
   15         cost of repair or replacement goods unless waived or
   16         amended by the shipper; authorizing the shipper to
   17         waive or amend the valuation coverage; requiring that
   18         the waiver be made in a signed acknowledgment in the
   19         contract; revising the time at which the mover must
   20         disclose the terms of the coverage to the shipper in
   21         writing, including any deductibles; revising the
   22         information that the disclosure must provide to the
   23         shipper; amending s. 507.05, F.S.; requiring a mover
   24         to conduct a physical survey and provide a binding
   25         estimate in certain circumstances unless waived by the
   26         shipper; requiring specified content for the binding
   27         estimate; authorizing a shipper to waive the binding
   28         estimate in certain circumstances; authorizing the
   29         mover to provide a maximum one-time fee for providing
   30         a binding estimate; requiring the mover and shipper to
   31         sign the estimate; requiring the mover to provide the
   32         shipper with a copy of the estimate at the time of
   33         signature; providing that a binding estimate may only
   34         be amended under certain circumstances; authorizing a
   35         mover to charge more than the binding estimate in
   36         certain circumstances; requiring a mover to allow a
   37         shipper to consider whether additional services are
   38         needed; requiring a mover to retain a copy of the
   39         binding estimate for a specified period; requiring a
   40         mover to provide a contract for service to the shipper
   41         before providing moving or accessorial services;
   42         requiring a driver to have possession of the contract
   43         before leaving the point of origin; requiring a mover
   44         to retain a contract of service for a specified
   45         period; creating s. 507.054, F.S.; requiring the
   46         department to prepare a publication that summarizes
   47         the rights and responsibilities of, and remedies
   48         available to, movers and shippers; requiring the
   49         publication to meet certain specifications; creating
   50         s. 507.055, F.S.; requiring a mover to provide certain
   51         disclosures to a prospective shipper; amending s.
   52         507.06, F.S.; requiring a mover to tender household
   53         goods for delivery on the agreed upon delivery date or
   54         within a specified period unless waived by the
   55         shipper; requiring a mover to notify and provide
   56         certain information to a shipper if the mover is
   57         unable to perform delivery on the agreed upon date or
   58         during the specified period; creating s. 507.065,
   59         F.S.; providing a maximum amount that a mover may
   60         charge a shipper unless waived by the shipper;
   61         requiring a mover to bill a shipper for specified
   62         charges in certain circumstances; authorizing a mover
   63         to assess a late fee for any uncollected charges in
   64         certain circumstances; amending s. 507.07, F.S.;
   65         providing that it is a violation of ch. 507, F.S., to
   66         fail to comply with specified provisions; providing
   67         that it is a violation of ch. 507, F.S., to increase
   68         the contracted cost for moving services in certain
   69         circumstances; conforming provisions to changes made
   70         by this act; amending s. 507.09, F.S.; requiring the
   71         department, upon verification by certain entities, to
   72         immediately suspend a registration or the processing
   73         of an application for a registration in certain
   74         circumstances; amending s. 507.10, F.S.; conforming a
   75         provision to a change made by this act; amending s.
   76         507.11, F.S.; providing criminal penalties; creating
   77         s. 507.14, F.S.; requiring the department to adopt
   78         rules; providing an effective date.
   79          
   80  Be It Enacted by the Legislature of the State of Florida:
   81  
   82         Section 1. Present subsections (2) through (5) of section
   83  507.01, Florida Statutes, are redesignated as subsections (3)
   84  through (6), respectively, present subsections (9), (10), and
   85  (11) of that section are redesignated as subsections (10), (11),
   86  and (12), respectively, present subsections (12) and (13) of
   87  that section are redesignated as subsections (14) and (15),
   88  respectively, new subsections (2), (9), and (13) are added to
   89  that section, and present subsections (6) and (9) are amended,
   90  to read:
   91         507.01 Definitions.—As used in this chapter, the term:
   92         (2) “Additional services” means any additional
   93  transportation of household goods which is performed by a mover,
   94  is not specifically included in a binding estimate or contract,
   95  and results in a charge to the shipper.
   96         (6) “Estimate” means a written document that sets forth the
   97  total costs and describes the basis of those costs, relating to
   98  a shipper’s household move, including, but not limited to, the
   99  loading, transportation or shipment, and unloading of household
  100  goods and accessorial services.
  101         (9) “Impracticable operations” means conditions arising
  102  after execution of a contract for household moving services
  103  which make it impractical for a mover to perform pickup or
  104  delivery services for a household move.
  105         (10)(9) “Mover” means a person who, for compensation,
  106  contracts for or engages in the loading, transportation or
  107  shipment, or unloading of household goods as part of a household
  108  move. The term does not include a postal, courier, envelope, or
  109  package service that, or a personal laborer who, does not
  110  advertise itself as a mover or moving service.
  111         (13)“Personal laborer” means an individual hired directly
  112  by the shipper to assist in the loading and unloading of the
  113  shipper’s own household goods. The term does not include any
  114  individual who has contracted with or is compensated by a third
  115  party or whose services are brokered as part of a household
  116  move.
  117         Section 2. Subsection (3) of section 507.02, Florida
  118  Statutes, is amended to read:
  119         507.02 Construction; intent; application.—
  120         (3) This chapter is intended to provide consistency and
  121  transparency in moving practices and to secure the satisfaction
  122  and confidence of shippers and members of the public when using
  123  a mover.
  124         Section 3. Subsections (1), (3), (4), and (5) of section
  125  507.04, Florida Statutes, are amended to read:
  126         507.04 Required insurance coverages; liability limitations;
  127  valuation coverage.—
  128         (1) CARGO LIABILITY INSURANCE.—
  129         (a)1. Except as provided in paragraph (b), each mover
  130  operating in this state must maintain current and valid cargo
  131  liability insurance coverage of at least $10,000 per shipment
  132  for the loss or damage of household goods resulting from the
  133  negligence of the mover or its employees or agents.
  134         2. The mover must provide the department with evidence of
  135  liability insurance coverage before the mover is registered with
  136  the department under s. 507.03. All insurance coverage
  137  maintained by a mover must remain in effect throughout the
  138  mover’s registration period. A mover’s failure to maintain
  139  insurance coverage in accordance with this paragraph constitutes
  140  an immediate threat to the public health, safety, and welfare.
  141  If a mover fails to maintain insurance coverage, the department
  142  may immediately suspend the mover’s registration or eligibility
  143  for registration, and the mover must immediately cease operating
  144  as a mover in this state. In addition, and notwithstanding the
  145  availability of any administrative relief pursuant to chapter
  146  120, the department may seek from the appropriate circuit court
  147  an immediate injunction prohibiting the mover from operating in
  148  this state until the mover complies with this paragraph, a civil
  149  penalty not to exceed $5,000, and court costs.
  150         (b) A mover that operates two or fewer vehicles, in lieu of
  151  maintaining the cargo liability insurance coverage required
  152  under paragraph (a), may, and each moving broker must, maintain
  153  one of the following alternative coverages:
  154         1. A performance bond in the amount of $25,000, for which
  155  the surety of the bond must be a surety company authorized to
  156  conduct business in this state; or
  157         2. A certificate of deposit in a Florida banking
  158  institution in the amount of $25,000.
  159  
  160  The original bond or certificate of deposit must be filed with
  161  the department and must designate the department as the sole
  162  beneficiary. The department must use the bond or certificate of
  163  deposit exclusively for the payment of claims to consumers who
  164  are injured by the fraud, misrepresentation, breach of contract,
  165  misfeasance, malfeasance, or financial failure of the mover or
  166  moving broker or by a violation of this chapter by the mover or
  167  broker. Liability for these injuries may be determined in an
  168  administrative proceeding of the department or through a civil
  169  action in a court of competent jurisdiction. However, claims
  170  against the bond or certificate of deposit must only be paid, in
  171  amounts not to exceed the determined liability for these
  172  injuries, by order of the department in an administrative
  173  proceeding. The bond or certificate of deposit is subject to
  174  successive claims, but the aggregate amount of these claims may
  175  not exceed the amount of the bond or certificate of deposit.
  176         (3) INSURANCE COVERAGES.—The insurance coverages required
  177  under paragraph (1)(a) and subsection (2) must be issued by an
  178  insurance company or carrier licensed to transact business in
  179  this state under the Florida Insurance Code as designated in s.
  180  624.01. The department shall require a mover to present a
  181  certificate of insurance of the required coverages before
  182  issuance or renewal of a registration certificate under s.
  183  507.03. The department shall be named as a certificateholder in
  184  the certificate and must be notified at least 10 days before
  185  cancellation of insurance coverage. A mover’s failure to
  186  maintain insurance coverage constitutes an immediate threat to
  187  the public health, safety, and welfare. If a mover fails to
  188  maintain insurance coverage, the department may immediately
  189  suspend the mover’s registration or eligibility for
  190  registration, and the mover must immediately cease operating as
  191  a mover in this state. In addition, and notwithstanding the
  192  availability of any administrative relief pursuant to chapter
  193  120, the department may seek from the appropriate circuit court
  194  an immediate injunction prohibiting the mover from operating in
  195  this state until the mover complies with this paragraph. The
  196  mover may also be assessed a civil penalty not to exceed $5,000
  197  and court costs.
  198         (4) LIABILITY LIMITATIONS; VALUATION RATES.—A mover may not
  199  limit its liability for the loss or damage of household goods to
  200  a valuation rate that is less than 60 cents per pound per
  201  article. A provision of a contract for moving services is void
  202  if the provision limits a mover’s liability to a valuation rate
  203  that is less than the minimum rate under this subsection. If a
  204  mover limits its liability for a shipper’s goods, the mover must
  205  disclose the limitation, including the valuation rate, to the
  206  shipper in writing at the time that the estimate and contract
  207  for services are executed and before any moving or accessorial
  208  services are provided. The disclosure must also inform the
  209  shipper of the opportunity to purchase valuation coverage if the
  210  mover offers that coverage under subsection (5).
  211         (5) VALUATION COVERAGE.—A mover shall may offer valuation
  212  coverage to compensate a shipper for the loss or damage of the
  213  shipper’s household goods that are lost or damaged during a
  214  household move. If a mover offers valuation coverage, The
  215  coverage must indemnify the shipper for at least the cost of
  216  repair or replacement of the goods, unless waived or amended by
  217  the shipper. The shipper may waive or amend the valuation
  218  coverage, and the waiver must be made in a signed acknowledgment
  219  in the contract minimum valuation rate required under subsection
  220  (4). The mover must disclose the terms of the coverage to the
  221  shipper in writing, including any deductibles, in at the time
  222  that the binding estimate and again when the contract for
  223  services is are executed and before any moving or accessorial
  224  services are provided. The disclosure must inform the shipper of
  225  the cost of the valuation coverage, if any the valuation rate of
  226  the coverage, and the opportunity to reject the coverage. If
  227  valuation coverage compensates a shipper for at least the
  228  minimum valuation rate required under subsection (4), the
  229  coverage satisfies the mover’s liability for the minimum
  230  valuation rate.
  231         Section 4. Section 507.05, Florida Statutes, is amended to
  232  read:
  233         507.05 Physical surveys, binding estimates, and contracts
  234  for service.—Before providing any moving or accessorial
  235  services, a contract and estimate must be provided to a
  236  prospective shipper in writing, must be signed and dated by the
  237  shipper and the mover, and must include:
  238         (1) PHYSICAL SURVEY.—A mover must conduct a physical survey
  239  of the household goods to be moved and provide the prospective
  240  shipper with a binding estimate of the cost of the move.
  241         (2) WAIVER OF SURVEY.—A shipper may elect to waive the
  242  physical survey, and such waiver must be in writing and signed
  243  by the shipper before the household goods are loaded. The mover
  244  shall retain a copy of the waiver as an addendum to the contract
  245  for service.
  246         (3) BINDING ESTIMATE.—Before executing a contract for
  247  service for a household move, and at least 48 hours before the
  248  scheduled time and date of a shipment of household goods, a
  249  mover must provide a binding estimate of the total charges,
  250  including, but not limited to, the loading, transportation or
  251  shipment, and unloading of household goods and accessorial
  252  services. The binding estimate shall be based on a physical
  253  survey conducted pursuant to subsection (1), unless waived
  254  pursuant to subsection (2).
  255         (a) The shipper may waive the binding estimate if the
  256  waiver is made by signed or electronic acknowledgment before the
  257  commencement of the 48-hour period before the household goods
  258  are loaded. The mover shall retain a copy of the waiver as an
  259  addendum to the contract for services. To be enforceable, a
  260  waiver executed under this paragraph must, at a minimum, include
  261  a statement in uppercase type that is at least 5 points larger
  262  than, and clearly distinguishable from, the rest of the text of
  263  the waiver or release containing the statement. The exact
  264  statement to be included in a waiver of a binding estimate to be
  265  used by all movers shall be determined by the department in
  266  rulemaking and must include a delineation of the specific rights
  267  that a shipper may lose by waiving the binding estimate.
  268         (b)The shipper may also waive the 48-hour period if the
  269  moving services requested commence within 48 hours of the
  270  shipper’s initial contact with the mover contracted to perform
  271  the moving services.
  272         (c) At a minimum, the binding estimate must include all of
  273  the following:
  274         1. The table of measures used by the mover or the mover’s
  275  agent in preparing the estimate.
  276         2. The date the estimate was prepared and the proposed date
  277  of the move, if any.
  278         3. An itemized breakdown and description of services, and
  279  the total cost to the shipper of loading, transporting or
  280  shipping, unloading, and accessorial services.
  281         4. A statement that the estimate is binding on the mover
  282  and the shipper and that the charges shown apply only to those
  283  services specifically identified in the estimate.
  284         5. Identification of acceptable forms of payment.
  285         (d) A mover may charge a one-time fee, not to exceed $100,
  286  for providing a binding estimate.
  287         (e) The binding estimate must be signed by the mover and
  288  the shipper, and a copy must be provided to the shipper by the
  289  mover at the time that the estimate is signed.
  290         (f) A binding estimate may only be amended by the mover
  291  before the scheduled loading of household goods for shipment
  292  when the shipper has requested additional services of the mover
  293  not previously disclosed in the original binding estimate, or
  294  upon mutual agreement of the mover and the shipper. Once a mover
  295  begins to load the household goods for a move, failure to
  296  execute a new binding estimate signifies the mover has
  297  reaffirmed the original binding estimate.
  298         (g) A mover may not collect more than the amount of the
  299  binding estimate unless:
  300         1.The shipper waives receipt of a binding estimate under
  301  this subsection.
  302         2. The shipper tenders additional household goods, requests
  303  additional services, or requires services that are not
  304  specifically included in the binding estimate, in which case the
  305  mover is not required to honor the estimate. If, despite the
  306  addition of household goods or the need for additional services,
  307  the mover chooses to perform the move, it must, before loading
  308  the household goods, inform the shipper of the associated
  309  charges in writing. The mover may require full payment at the
  310  destination for the costs associated with the additional
  311  requested services and the full amount of the original binding
  312  estimate.
  313         3.Upon issuance of the contract for services, the mover
  314  advises the shipper, in advance of performing additional
  315  services, including accessorial services, that such services are
  316  essential to properly performing the move. The mover must allow
  317  the shipper at least 1 hour to determine whether to authorize
  318  the additional services.
  319         a.If the shipper agrees to pay for the additional
  320  services, the mover must execute a written addendum to the
  321  contract for services, which must be signed by the shipper. The
  322  addendum may be sent to the shipper by facsimile, e-mail,
  323  overnight courier, or certified mail, with return receipt
  324  requested. The mover must bill the shipper for the agreed upon
  325  additional services within 15 days after the delivery of those
  326  additional services pursuant to s. 507.06.
  327         b.If the shipper does not agree to pay for the additional
  328  services, the mover may perform and, pursuant to s. 507.06, bill
  329  the shipper for those additional services necessary to complete
  330  the delivery.
  331         (h) A mover shall retain a copy of the binding estimate for
  332  each move performed for at least 1 year after its preparation
  333  date as an attachment to the contract for service.
  334         (4) CONTRACT FOR SERVICE.—Before providing any moving or
  335  accessorial services, a mover must provide a contract for
  336  service to the shipper, which the shipper must sign and date.
  337         (a) At a minimum, the contract for service must include:
  338         1.(1) The name, telephone number, and physical address
  339  where the mover’s employees are available during normal business
  340  hours.
  341         2.(2) The date the contract was or estimate is prepared and
  342  the any proposed date of the move, if any.
  343         3.(3) The name and address of the shipper, the addresses
  344  where the articles are to be picked up and delivered, and a
  345  telephone number where the shipper may be reached.
  346         4.(4) The name, telephone number, and physical address of
  347  any location where the household goods will be held pending
  348  further transportation, including situations in which where the
  349  mover retains possession of household goods pending resolution
  350  of a fee dispute with the shipper.
  351         5.(5)A binding estimate provided in accordance with
  352  subsection (3) An itemized breakdown and description and total
  353  of all costs and services for loading, transportation or
  354  shipment, unloading, and accessorial services to be provided
  355  during a household move or storage of household goods.
  356         6. The total charges owed by the shipper based on the
  357  binding estimate and the terms and conditions for their payment,
  358  including any required minimum payment.
  359         7.If the household goods are transported under an
  360  agreement to collect payment upon delivery, the maximum payment
  361  that the mover may demand at the time of delivery.
  362         8.(6) Acceptable forms of payment, which must be clearly
  363  and conspicuously disclosed to the shipper on the binding
  364  estimate and the contract for services. A mover must shall
  365  accept at least a minimum of two of the three following forms of
  366  payment:
  367         a.(a) Cash, cashier’s check, money order, or traveler’s
  368  check;
  369         b.(b) Valid personal check, showing upon its face the name
  370  and address of the shipper or authorized representative; or
  371         c.(c) Valid credit card, which shall include, but not be
  372  limited to, Visa or MasterCard. A mover must clearly and
  373  conspicuously disclose to the shipper in the estimate and
  374  contract for services the forms of payments the mover will
  375  accept, including the forms of payment described in paragraphs
  376  (a)-(c).
  377         (b) Each addendum to the contract for service is an
  378  integral part of the contract.
  379         (c) A copy of the contract for service must accompany the
  380  household goods whenever they are in the mover’s or the mover’s
  381  agent’s possession. Before a vehicle that is being used for the
  382  move leaves the point of origin, the driver responsible for the
  383  move must have the contract for service in his or her
  384  possession.
  385         (d) A mover shall retain a contract for service for each
  386  move it performs for at least 1 year after the date the contract
  387  for service was signed.
  388         Section 5. Section 507.054, Florida Statutes, is created to
  389  read:
  390         507.054 Publication.
  391         (1) The department shall prepare a publication that
  392  includes a summary of the rights and responsibilities of, and
  393  remedies available to movers and shippers under this chapter.
  394  The publication must include a statement that a mover’s failure
  395  to relinquish household goods as required by this chapter
  396  constitutes a felony of the third degree, punishable as provided
  397  in s. 775.082, s. 775.083, or s. 775.084, that any other
  398  violation of this chapter constitutes a misdemeanor of the first
  399  degree, punishable as provided in s. 775.082 or s. 775.083, and
  400  that any violation of this chapter constitutes a violation of
  401  the Florida Deceptive and Unfair Trade Practices Act. The
  402  publication must also include a notice to the shipper about the
  403  potential risks of shipping sentimental or family heirloom
  404  items.
  405         (2) A mover may provide exact copies of the department’s
  406  publication to shippers or may customize the color, design, and
  407  dimension of the front and back covers of the standard
  408  department publication. If the mover customizes the publication,
  409  the customized publication must include the content specified in
  410  subsection (1) and meet the following requirements:
  411         (a) The font size used must be at least 10 points, with the
  412  exception that the following must appear prominently on the
  413  front cover in at least 12-point boldface type: “Your Rights and
  414  Responsibilities When You Move. Furnished by Your Mover, as
  415  Required by Florida Law.”
  416         (b) The size of the booklet must be at least 36 square
  417  inches.
  418         (3) The shipper must acknowledge receipt of the publication
  419  by signed acknowledgement in the contract.
  420         Section 6. Section 507.055, Florida Statutes, is created to
  421  read:
  422         507.055Required disclosure and acknowledgment of rights
  423  and remedies.—Before executing a contract for service for a
  424  move, a mover must provide to a prospective shipper all of the
  425  following:
  426         (1) The publication required under s. 507.054.
  427         (2) A concise, easy-to-read, and accurate binding estimate
  428  required under s. 507.05(3).
  429         Section 7. Subsections (1) and (3) of section 507.06,
  430  Florida Statutes, are amended, and subsection (4) is added to
  431  that section, to read:
  432         507.06 Delivery and storage of household goods.—
  433         (1) On the agreed upon delivery date or within the
  434  timeframe specified in the contract for service, a mover must
  435  relinquish household goods to a shipper and must place the
  436  household goods inside a shipper’s dwelling or, if directed by
  437  the shipper, inside a storehouse or warehouse that is owned or
  438  rented by the shipper or the shipper’s agent, unless the shipper
  439  has not tendered payment pursuant to s. 507.065 in the amount
  440  specified in a written contract or estimate signed and dated by
  441  the shipper. This requirement may be waived by the shipper. A
  442  mover may not, under any circumstances, refuse to relinquish
  443  prescription medicines and household goods for use by children,
  444  including children’s furniture, clothing, or toys, under any
  445  circumstances.
  446         (3) A mover that lawfully fails to relinquish a shipper’s
  447  household goods may place the goods in storage until payment in
  448  accordance with s. 507.065 is tendered; however, the mover must
  449  notify the shipper of the location where the goods are stored
  450  and the amount due within 5 days after receipt of a written
  451  request for that information from the shipper, which request
  452  must include the address where the shipper may receive the
  453  notice. A mover may not require a prospective shipper to waive
  454  any rights or requirements under this section.
  455         (4)If a mover becomes aware that it will be unable to
  456  perform either the pickup or the delivery of household goods on
  457  the date agreed upon or during the timeframe specified in the
  458  contract for service due to circumstances not anticipated by the
  459  contract, the mover shall notify the shipper of the delay and
  460  advise the shipper of the amended date or timeframe within which
  461  the mover expects to pick up or deliver the household goods in a
  462  timely manner.
  463         Section 8. Section 507.065, Florida Statutes, is created to
  464  read:
  465         507.065 Payment.—
  466         (1) Except as provided in s. 507.05(3), the maximum amount
  467  that a mover may charge before relinquishing household goods to
  468  a shipper is the exact amount of the binding estimate, unless
  469  waived by the shipper, plus charges for any additional services
  470  requested or agreed to in writing by the shipper after the
  471  contract for service was issued and for impracticable
  472  operations, if applicable.
  473         (2) A mover must bill a shipper for any charges assessed
  474  under this chapter which are not collected upon delivery of
  475  household goods at their destination within 15 days after such
  476  delivery. A mover may assess a late fee for any uncollected
  477  charges if the shipper fails to make payment within 30 days
  478  after receipt of the bill.
  479         Section 9. Subsections (1), (4), and (5) and paragraphs (a)
  480  and (b) of subsection (6), of section 507.07, Florida Statutes,
  481  are amended, to read:
  482         507.07 Violations.—It is a violation of this chapter:
  483         (1) To operate conduct business as a mover or moving
  484  broker, or advertise to engage in violation the business of
  485  moving or fail to comply with ss. 507.03-507.10, or any other
  486  requirement under this chapter offering to move, without being
  487  registered with the department.
  488         (4) To increase the contracted cost fail to honor and
  489  comply with all provisions of the contract for moving services
  490  in any way other than provided for in this chapter or bill of
  491  lading regarding the purchaser’s rights, benefits, and
  492  privileges thereunder.
  493         (5) To withhold delivery of household goods or in any way
  494  hold household goods in storage against the expressed wishes of
  495  the shipper if payment has been made as delineated in the
  496  estimate or contract for services, or pursuant to this chapter.
  497         (6)(a) To include in any contract any provision purporting
  498  to waive or limit any right or benefit provided to shippers
  499  under this chapter.
  500         (a)(b)Unless expressly authorized by this chapter, to seek
  501  or solicit a waiver or acceptance of limitation from a shipper
  502  concerning rights or benefits provided under this chapter.
  503         Section 10. Section 507.09, Florida Statutes, is amended to
  504  read:
  505         507.09 Administrative remedies; penalties.—
  506         (1) The department may enter an order doing one or more of
  507  the following if the department finds that a mover or moving
  508  broker, or a person employed or contracted by a mover or broker,
  509  has violated or is operating in violation of this chapter or the
  510  rules or orders issued pursuant to this chapter:
  511         (a) Issuing a notice of noncompliance under s. 120.695.
  512         (b) Imposing an administrative fine in the Class II
  513  category pursuant to s. 570.971 for each act or omission.
  514         (c) Directing that the person cease and desist specified
  515  activities.
  516         (d) Refusing to register or revoking or suspending a
  517  registration.
  518         (e) Placing the registrant on probation, subject to the
  519  conditions specified by the department.
  520         (2) The department shall, upon notification and subsequent
  521  written verification by a law enforcement agency, a court, a
  522  state attorney, or the Department of Law Enforcement,
  523  immediately suspend a registration or the processing of an
  524  application for a registration if the registrant, applicant, or
  525  an officer or director of the registrant or applicant is
  526  formally charged with a crime involving fraud, theft, larceny,
  527  embezzlement, or fraudulent conversion or misappropriation of
  528  property or a crime arising from conduct during a movement of
  529  household goods until final disposition of the case or removal
  530  or resignation of that officer or director.
  531         (3) The administrative proceedings that which could result
  532  in the entry of an order imposing any of the penalties specified
  533  in subsection (1) or subsection (2) are governed by chapter 120.
  534         (3) The department may adopt rules under ss. 120.536(1) and
  535  120.54 to administer this chapter.
  536         Section 11. Subsection (4) of section 507.10, Florida
  537  Statutes, is amended to read:
  538         507.10 Civil penalties; remedies.—
  539         (4) Except as expressly authorized by this chapter, any
  540  provision in a contract for services or bill of lading from a
  541  mover or moving broker that purports to waive, limit, restrict,
  542  or avoid any of the duties, obligations, or prescriptions of the
  543  mover or broker, as provided in this chapter, is void.
  544         Section 12. Section 507.11, Florida Statutes, is amended to
  545  read:
  546         507.11 Criminal penalties.—
  547         (1) The refusal of a mover or a mover’s employee, agent, or
  548  contractor to comply with an order from a law enforcement
  549  officer to relinquish a shipper’s household goods after the
  550  officer determines that the shipper has tendered payment in
  551  accordance with s. 507.065 of the amount of a written estimate
  552  or contract, or after the officer determines that the mover did
  553  not produce a signed estimate or contract for service upon which
  554  demand is being made for payment, is a felony of the third
  555  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  556  775.084. A mover’s compliance with an order from a law
  557  enforcement officer to relinquish household goods to a shipper
  558  is not a waiver or finding of fact regarding any right to seek
  559  further payment from the shipper.
  560         (2) Except as provided in subsection (1), any person or
  561  business that violates this chapter commits a misdemeanor of the
  562  first degree, punishable as provided in s. 775.082 or s.
  563  775.083.
  564         Section 13.  Section 507.14, Florida Statutes, is created
  565  to read:
  566         507.14 Rulemaking.—The department shall adopt rules to
  567  administer this chapter.
  568         Section 14. This act shall take effect July 1, 2015.