CS for CS for SB 798 First Engrossed
2015798e1
1 A bill to be entitled
2 An act relating to household moving services; amending
3 s. 507.01, F.S.; defining and redefining terms;
4 amending s. 507.02, F.S.; clarifying intent; amending
5 s. 507.03, F.S.; revising the conditions under which
6 the Department of Agriculture and Consumer Services is
7 authorized to deny, refuse to renew, or revoke the
8 registration of any mover or moving broker; amending
9 s. 507.04, F.S.; removing a prohibition that precludes
10 a mover from limiting its liability for the loss or
11 damage of household goods to a specified valuation
12 rate; removing a requirement that a mover disclose a
13 liability limitation when the mover limits its
14 liability for a shipper’s goods; requiring a mover to
15 indemnify a shipper for the loss of or damage to the
16 shipper’s household goods caused by the mover during a
17 household move; requiring the mover to indemnify the
18 shipper for at least the cost of repair or replacement
19 of goods unless waived or amended by the shipper;
20 authorizing the shipper to waive or amend the
21 indemnification for loss of or damage to the shipper’s
22 household goods; requiring that the waiver be made in
23 a signed or electronic acknowledgment in the contract;
24 revising the time at which the mover must disclose the
25 terms of the coverage, including any deductibles, to
26 the shipper in writing; revising the information that
27 the disclosure must provide to the shipper; amending
28 s. 507.05, F.S.; requiring a mover to conduct a
29 physical survey and provide a binding estimate in
30 certain circumstances unless waived by the shipper;
31 requiring specified content for the binding estimate;
32 authorizing a shipper to waive the binding estimate in
33 certain circumstances; requiring the mover and shipper
34 to sign or electronically acknowledge the estimate;
35 requiring the mover to provide the shipper with a copy
36 of the estimate at the time of signature or electronic
37 acknowledgment; providing that a binding estimate may
38 be amended only under certain circumstances;
39 authorizing a mover to charge more than the binding
40 estimate in certain circumstances; requiring a mover
41 to allow a shipper at least 1 hour to determine
42 whether to authorize impracticable operations;
43 requiring a mover to retain a copy of the binding
44 estimate for a specified period; requiring a mover to
45 provide a contract for service to the shipper before
46 providing moving or accessorial services; requiring a
47 driver to have possession of the contract before
48 leaving the point of origin; requiring a mover to
49 retain a contract of service for a specified period;
50 creating s. 507.054, F.S.; requiring the department to
51 prepare a publication that summarizes the rights and
52 responsibilities of, and remedies available to, movers
53 and shippers; requiring the department to make the
54 publication available to the public on the
55 department’s website; requiring the mover to provide
56 an electronic or hard copy of the department’s
57 publication to shippers at specified times; requiring
58 the publication to meet certain specifications;
59 requiring the shipper to acknowledge receipt of the
60 copy of the publication by signed or electronic
61 acknowledgment; creating s. 507.055, F.S.; requiring a
62 mover to provide certain disclosures to a prospective
63 shipper; amending s. 507.06, F.S.; requiring a mover
64 to tender household goods for delivery on the agreed
65 upon delivery date or within a specified period unless
66 waived by the shipper; requiring a mover to notify and
67 provide certain information to a shipper if the mover
68 is unable to perform delivery on the agreed upon date
69 or during the specified period; creating s. 507.065,
70 F.S.; providing a maximum amount that a mover may
71 charge a shipper unless waived by the shipper;
72 requiring a mover to bill a shipper for specified
73 charges in certain circumstances; authorizing a mover
74 to assess a late fee for any uncollected charges in
75 certain circumstances; amending s. 507.07, F.S.;
76 providing that it is a violation of ch. 507, F.S., to
77 fail to comply with specified provisions; providing
78 that it is a violation of ch. 507, F.S., to increase
79 the contracted cost for moving services in certain
80 circumstances; conforming provisions to changes made
81 by the act; amending s. 507.09, F.S.; requiring the
82 department, upon verification by certain entities, to
83 immediately suspend a registration or the processing
84 of an application for a registration in certain
85 circumstances; amending s. 507.10, F.S.; conforming a
86 provision to changes made by the act; amending s.
87 507.11, F.S.; providing criminal penalties; creating
88 s. 507.14, F.S.; requiring the department to adopt
89 rules; providing an effective date.
90
91 Be It Enacted by the Legislature of the State of Florida:
92
93 Section 1. Section 507.01, Florida Statutes, is reordered
94 and amended to read:
95 507.01 Definitions.—As used in this chapter, the term:
96 (1) “Accessorial services” means any service performed by a
97 mover which results in a charge to the shipper and is incidental
98 to the transportation or shipment of household goods, including,
99 but not limited to, valuation coverage; preparation of written
100 inventory; equipment, including dollies, hand trucks, pads,
101 blankets, and straps; storage, packing, unpacking, or crating of
102 articles; hoisting or lowering; waiting time; carrying articles
103 excessive distances to or from the mover’s vehicle, which may be
104 cited as “long carry”; overtime loading and unloading;
105 reweighing; disassembly or reassembly; elevator or stair
106 carrying; boxing or servicing of appliances; and furnishing of
107 packing or crating materials. The term includes services not
108 performed by the mover but performed by a third party at the
109 request of the shipper or mover, if the charges for these
110 services are to be paid to the mover by the shipper at or before
111 the time of delivery.
112 (2) “Additional services” means any additional
113 transportation of household goods which is performed by a mover,
114 is not specifically included in a binding estimate or contract,
115 and results in a charge to the shipper.
116 (3)(2) “Advertise” means to advise, announce, give notice
117 of, publish, or call attention by use of oral, written, or
118 graphic statement made in a newspaper or other publication or on
119 radio or television, any electronic medium, or contained in any
120 notice, handbill, sign, including signage on vehicle, flyer,
121 catalog or letter, or printed on or contained in any tag or
122 label attached to or accompanying any good.
123 (4) “Binding estimate” means a written or electronic
124 document that specifies the total cost of a move, including, but
125 not limited to, the loading, transportation or shipment, and
126 unloading of household goods and accessorial services the
127 shipper must pay for the complete move of his or her household
128 goods.
129 (5)(3) “Compensation” means money, fee, emolument, quid pro
130 quo, barter, remuneration, pay, reward, indemnification, or
131 satisfaction.
132 (6)(4) “Contract for service” or “bill of lading” means a
133 written document approved by the shipper in writing before the
134 performance of any service which authorizes services from the
135 named mover and lists the services and all costs associated with
136 the household move and accessorial services to be performed.
137 (7)(5) “Department” means the Department of Agriculture and
138 Consumer Services.
139 (6) “Estimate” means a written document that sets forth the
140 total costs and describes the basis of those costs, relating to
141 a shipper’s household move, including, but not limited to, the
142 loading, transportation or shipment, and unloading of household
143 goods and accessorial services.
144 (8)(7) “Household goods” or “goods” means personal effects
145 or other personal property commonly found in a home, personal
146 residence, or other dwelling, including, but not limited to,
147 household furniture. The term does not include freight or
148 personal property moving to or from a factory, store, or other
149 place of business.
150 (9)(8) “Household move” or “move” means the loading of
151 household goods into a vehicle, moving container, or other mode
152 of transportation or shipment; the transportation or shipment of
153 those household goods; and the unloading of those household
154 goods, when the transportation or shipment originates and
155 terminates at one of the following ultimate locations,
156 regardless of whether the mover temporarily stores the goods
157 while en route between the originating and terminating
158 locations:
159 (a) From one dwelling to another dwelling;
160 (b) From a dwelling to a storehouse or warehouse that is
161 owned or rented by the shipper or the shipper’s agent; or
162 (c) From a storehouse or warehouse that is owned or rented
163 by the shipper or the shipper’s agent to a dwelling.
164 (10) “Impracticable operations” means operations of the
165 mover which are necessary to complete the move due to
166 substantial and unforeseen conditions arising after execution of
167 a contract for household services. Such conditions must make it
168 impractical for a mover to perform pickup or delivery services
169 for a household move as originally provided in the contract.
170 (11)(9) “Mover” means a person who, for compensation,
171 contracts for or engages in the loading, transportation or
172 shipment, or unloading of household goods as part of a household
173 move. The term does not include a postal, courier, envelope, or
174 package service that, or a personal laborer who, does not
175 advertise itself as a mover or moving service.
176 (12)(10) “Moving broker” or “broker” means a person who,
177 for compensation, arranges for another person to load, transport
178 or ship, or unload household goods as part of a household move
179 or who, for compensation, refers a shipper to a mover by
180 telephone, postal or electronic mail, Internet website, or other
181 means.
182 (13)(11) “Moving container” means a receptacle holding at
183 least 200 cubic feet of volume which is used to transport or
184 ship household goods as part of a household move.
185 (14) “Personal laborer” means an individual hired directly
186 by the shipper to assist in the loading and unloading of the
187 shipper’s own household goods. The term does not include any
188 individual who has contracted with or is compensated by a third
189 party or whose services are brokered as part of a household
190 move.
191 (15)(12) “Shipper” means a person who uses the services of
192 a mover to transport or ship household goods as part of a
193 household move.
194 (16)(13) “Storage” means the temporary warehousing of a
195 shipper’s goods while under the care, custody, and control of
196 the mover.
197 Section 2. Subsection (3) of section 507.02, Florida
198 Statutes, is amended to read:
199 507.02 Construction; intent; application.—
200 (3) This chapter is intended to provide consistency and
201 transparency in moving practices and to create the presumption
202 that movers of household goods will make necessary disclosures
203 and educate uninformed shippers in order to secure the
204 satisfaction and confidence of shippers and members of the
205 public when using a mover.
206 Section 3. Subsection (8) of section 507.03, Florida
207 Statutes, is amended to read:
208 507.03 Registration.—
209 (8) The department may deny, refuse to renew, or revoke the
210 registration of any mover or moving broker based upon a
211 determination that the mover or moving broker, or any of the
212 mover’s or moving broker’s directors, officers, owners, or
213 general partners:
214 (a) Has failed to meet the requirements for registration as
215 provided in this chapter;
216 (b) Has been convicted of a crime involving fraud, theft,
217 larceny, embezzlement, or fraudulent conversion or
218 misappropriation of property or a crime arising from conduct
219 during a movement of household goods dishonest dealing, or any
220 other act of moral turpitude;
221 (c) Has not satisfied a civil fine or penalty arising out
222 of any administrative or enforcement action brought by any
223 governmental agency or private person based upon conduct
224 involving fraud, theft, dishonest dealing, or any violation of
225 this chapter;
226 (d) Has pending against him or her any criminal,
227 administrative, or enforcement proceedings in any jurisdiction,
228 based upon conduct involving fraud, theft, larceny,
229 embezzlement, or fraudulent conversion or misappropriation of
230 property or a crime arising from conduct during a movement of
231 household goods dishonest dealing, or any other act of moral
232 turpitude; or
233 (e) Has had a judgment entered against him or her in any
234 action brought by the department or the Department of Legal
235 Affairs under this chapter or ss. 501.201-501.213, the Florida
236 Deceptive and Unfair Trade Practices Act.
237 Section 4. Subsections (1), (3), (4), and (5) of section
238 507.04, Florida Statutes, are amended to read:
239 507.04 Required insurance coverages; liability limitations;
240 valuation coverage.—
241 (1) CARGO LIABILITY INSURANCE.—
242 (a)1. Except as provided in paragraph (b), each mover
243 operating in this state must maintain current and valid cargo
244 liability insurance coverage of at least $10,000 per shipment
245 for the loss or damage of household goods resulting from the
246 negligence of the mover or its employees or agents.
247 2. The mover must provide the department with evidence of
248 liability insurance coverage before the mover is registered with
249 the department under s. 507.03. All insurance coverage
250 maintained by a mover must remain in effect throughout the
251 mover’s registration period. A mover’s failure to maintain
252 insurance coverage in accordance with this paragraph constitutes
253 an immediate threat to the public health, safety, and welfare.
254 If a mover fails to maintain insurance coverage, the department
255 may immediately suspend the mover’s registration or eligibility
256 for registration, and the mover must immediately cease operating
257 as a mover in this state. In addition, and notwithstanding the
258 availability of any administrative relief pursuant to chapter
259 120, the department may seek from the appropriate circuit court
260 an immediate injunction prohibiting the mover from operating in
261 this state until the mover complies with this paragraph, a civil
262 penalty not to exceed $5,000, and court costs.
263 (b) A mover that operates two or fewer vehicles, in lieu of
264 maintaining the cargo liability insurance coverage required
265 under paragraph (a), may, and each moving broker must, maintain
266 one of the following alternative coverages:
267 1. A performance bond in the amount of $25,000, for which
268 the surety of the bond must be a surety company authorized to
269 conduct business in this state; or
270 2. A certificate of deposit in a Florida banking
271 institution in the amount of $25,000.
272
273 The original bond or certificate of deposit must be filed with
274 the department and must designate the department as the sole
275 beneficiary. The department must use the bond or certificate of
276 deposit exclusively for the payment of claims to consumers who
277 are injured by the fraud, misrepresentation, breach of contract,
278 misfeasance, malfeasance, or financial failure of the mover or
279 moving broker or by a violation of this chapter by the mover or
280 broker. Liability for these injuries may be determined in an
281 administrative proceeding of the department or through a civil
282 action in a court of competent jurisdiction. However, claims
283 against the bond or certificate of deposit must only be paid, in
284 amounts not to exceed the determined liability for these
285 injuries, by order of the department in an administrative
286 proceeding. The bond or certificate of deposit is subject to
287 successive claims, but the aggregate amount of these claims may
288 not exceed the amount of the bond or certificate of deposit.
289 (3) INSURANCE COVERAGES.—The insurance coverages required
290 under paragraph (1)(a) and subsection (2) must be issued by an
291 insurance company or carrier licensed to transact business in
292 this state under the Florida Insurance Code as designated in s.
293 624.01. The department shall require a mover to present a
294 certificate of insurance of the required coverages before
295 issuance or renewal of a registration certificate under s.
296 507.03. The department shall be named as a certificateholder in
297 the certificate and must be notified at least 10 days before
298 cancellation of insurance coverage. A mover’s failure to
299 maintain insurance coverage constitutes an immediate threat to
300 the public health, safety, and welfare. If a mover fails to
301 maintain insurance coverage, the department may immediately
302 suspend the mover’s registration or eligibility for
303 registration, and the mover must immediately cease operating as
304 a mover in this state. In addition, and notwithstanding the
305 availability of any administrative relief pursuant to chapter
306 120, the department may seek from the appropriate circuit court
307 an immediate injunction prohibiting the mover from operating in
308 this state until the mover complies with this paragraph. The
309 mover may also be assessed a civil penalty not to exceed $5,000
310 and court costs.
311 (4) INDEMNIFICATION LIABILITY LIMITATIONS; VALUATION
312 RATES.—A mover may not limit its liability for the loss or
313 damage of household goods to a valuation rate that is less than
314 60 cents per pound per article. A provision of a contract for
315 moving services is void if the provision limits a mover’s
316 liability to a valuation rate that is less than the minimum rate
317 under this subsection. If a mover limits its liability for a
318 shipper’s goods, the mover must disclose the limitation,
319 including the valuation rate, to the shipper in writing at the
320 time that the estimate and contract for services are executed
321 and before any moving or accessorial services are provided. The
322 disclosure must also inform the shipper of the opportunity to
323 purchase valuation coverage if the mover offers that coverage
324 under subsection (5).
325 (5) VALUATION COVERAGE.—A mover shall indemnify may offer
326 valuation coverage to compensate a shipper for the full
327 replacement value loss or damage of the shipper’s household
328 goods that are lost or damaged by the mover during a household
329 move. The shipper may waive or amend the indemnification, and
330 the waiver must be made by a signed or electronic acknowledgment
331 in the contract If a mover offers valuation coverage, the
332 coverage must indemnify the shipper for at least the minimum
333 valuation rate required under subsection (4). The mover must
334 disclose the terms of the indemnification coverage to the
335 shipper in writing in at the time that the binding estimate and
336 again when the contract for services is are executed and before
337 any moving or accessorial services are provided. The disclosure
338 must inform the shipper of the cost of the valuation coverage,
339 the valuation rate of the coverage, and the opportunity to
340 reject the coverage. If valuation coverage compensates a shipper
341 for at least the minimum valuation rate required under
342 subsection (4), the coverage satisfies the mover’s liability for
343 the minimum valuation rate.
344 Section 5. Section 507.05, Florida Statutes, is amended to
345 read:
346 507.05 Physical surveys, binding estimates, and contracts
347 for service.—Before providing any moving or accessorial
348 services, a contract and estimate must be provided to a
349 prospective shipper in writing, must be signed and dated by the
350 shipper and the mover, and must include:
351 (1) PHYSICAL SURVEY.—A mover must conduct a physical survey
352 of the household goods to be moved and provide the prospective
353 shipper with a binding estimate of the cost of the move.
354 (2) WAIVER OF SURVEY.—A shipper may elect to waive the
355 physical survey, and such waiver must be in writing and signed
356 or electronically acknowledged by the shipper before provision
357 or waiver of the binding estimate by the shipper. The mover
358 shall retain a copy of the waiver as an addendum to the contract
359 for service.
360 (3) BINDING ESTIMATE.—Before executing a contract for
361 service for a household move, and at least 48 hours before the
362 scheduled time and date of a shipment of household goods, a
363 mover must provide a binding estimate. The binding estimate
364 shall be based on a physical survey conducted under subsection
365 (1), unless waived pursuant to subsection (2).
366 (a) The shipper may waive the binding estimate if the
367 waiver is made by signed or electronic acknowledgment before the
368 commencement of the 48-hour period before the household goods
369 are loaded. The mover shall retain a copy of the waiver as an
370 addendum to the contract for services. To be enforceable, a
371 waiver executed under this paragraph must, at a minimum, include
372 a statement in uppercase type that is at least 5 points larger
373 than, and clearly distinguishable from, the rest of the text of
374 the waiver or release containing the statement. The exact
375 statement to be included in a waiver of a binding estimate to be
376 used by all movers shall be determined by the department in
377 rulemaking and must include a delineation of the specific rights
378 that a shipper may lose by waiving the binding estimate.
379 (b) The shipper may also waive the 48-hour period if the
380 moving services requested commence within 48 hours of the
381 shipper’s initial contact with the mover contracted to perform
382 the moving services.
383 (c) At a minimum, the binding estimate must include all of
384 the following:
385 1. The table of measures or hourly quotation used by the
386 mover or the mover’s agent in preparing the binding estimate.
387 2. The date the binding estimate was prepared and the
388 proposed date of the move, if any.
389 3. An itemized breakdown and description of services, and
390 the total cost to the shipper of loading, transporting or
391 shipping, unloading, and accessorial services.
392 4. A statement that the estimate is binding on the mover
393 and the shipper and that the charges shown apply only to those
394 services specifically identified in the estimate.
395 5. Identification of acceptable forms of payment.
396 (d) The binding estimate must be signed or electronically
397 acknowledged by the mover and the shipper, and a copy must be
398 provided to the shipper by the mover at the time that the
399 binding estimate is signed or electronically acknowledged.
400 (e) A binding estimate may only be amended by the mover
401 before the scheduled loading of household goods for shipment
402 when the shipper has requested additional services of the mover
403 not previously disclosed in the original binding estimate, or
404 upon mutual agreement of the mover and the shipper. Once a mover
405 begins to load the household goods for a move, failure to
406 execute a new binding estimate signifies the mover has
407 reaffirmed the original binding estimate.
408 (f) A mover may not collect more than the amount of the
409 binding estimate unless:
410 1. The shipper waives receipt of a binding estimate under
411 this subsection.
412 2. The shipper tenders additional household goods, requests
413 additional services, or requires services that are not
414 specifically included in the binding estimate, in which case the
415 mover may execute an addendum to the binding estimate describing
416 the additional household goods or need for additional services
417 and the associated charges in writing. The mover must allow the
418 shipper at least 1 hour to determine whether to execute the
419 addendum. The mover may require full payment at the destination
420 for the costs associated with the additional requested services
421 as provided in the addendum to the binding estimate. If the
422 shipper refuses to execute the addendum, the mover may refuse to
423 ship the additional goods or perform the additional services
424 requested.
425 3. The mover advises the shipper, in advance of
426 performance, that impracticable operations are essential to
427 properly perform the move. The mover must allow the shipper at
428 least 1 hour to determine whether to authorize the additional
429 services.
430 a. If the shipper agrees to pay for the impracticable
431 operations, the mover must execute a written addendum to the
432 contract for services, which must be signed or electronically
433 acknowledged by the shipper. The addendum may be delivered to
434 the shipper by personal delivery, facsimile, e-mail, overnight
435 courier, or certified mail, with return receipt requested. The
436 mover must bill the shipper for the agreed upon additional
437 services within 15 days after the delivery of those additional
438 services pursuant to s. 507.065.
439 b. If the shipper does not agree to pay for the additional
440 services, the mover may perform and, pursuant to s. 507.06, bill
441 the shipper for those additional services necessary to complete
442 the delivery. It is the mover’s burden to show that the
443 impracticable operations were necessary to properly perform the
444 move.
445 (g) A mover shall retain a copy of the binding estimate and
446 any addendums thereto for each move performed for at least 1
447 year after its preparation date as an attachment to the contract
448 for service.
449 (4) CONTRACT FOR SERVICE.—Before providing any moving or
450 accessorial services, a mover must provide a contract for
451 service to the shipper, which the shipper must sign or
452 electronically acknowledge and date.
453 (a) At a minimum, the contract for service must include:
454 1.(1) The name, telephone number, and physical address
455 where the mover’s employees are available during normal business
456 hours.
457 2.(2) The date the contract was or estimate is prepared and
458 the any proposed date of the move, if any.
459 3.(3) The name and address of the shipper, the addresses
460 where the articles are to be picked up and delivered, and a
461 telephone number where the shipper may be reached.
462 4.(4) The name, telephone number, and physical address of
463 any location where the household goods will be held pending
464 further transportation, including situations in which where the
465 mover retains possession of household goods pending resolution
466 of a fee dispute with the shipper.
467 5.(5) A binding estimate provided in accordance with
468 subsection (3) An itemized breakdown and description and total
469 of all costs and services for loading, transportation or
470 shipment, unloading, and accessorial services to be provided
471 during a household move or storage of household goods.
472 6. The total charges owed by the shipper based on the
473 binding estimate and the terms and conditions for their payment,
474 including any required minimum payment.
475 7. If the household goods are transported under an
476 agreement to collect payment upon delivery, the maximum payment
477 that the mover may demand at the time of delivery.
478 8.(6) Acceptable forms of payment, which must be clearly
479 and conspicuously disclosed to the shipper on the binding
480 estimate and the contract for services. A mover must shall
481 accept at least a minimum of two of the three following forms of
482 payment:
483 a.(a) Cash, cashier’s check, money order, or traveler’s
484 check;
485 b.(b) Valid personal check, showing upon its face the name
486 and address of the shipper or authorized representative; or
487 c.(c) Valid credit card, which shall include, but not be
488 limited to, Visa or MasterCard.
489
490 A mover must clearly and conspicuously disclose to the shipper
491 in the estimate and contract for services the forms of payments
492 the mover will accept, including the forms of payment described
493 in paragraphs (a)-(c).
494 (b) Each addendum to the contract for service is an
495 integral part of the contract.
496 (c) A copy of the contract for service must accompany the
497 household goods whenever they are in the mover’s or the mover’s
498 agent’s possession. Before a vehicle that is being used for the
499 move leaves the point of origin, the driver responsible for the
500 move must have the contract for service in his or her
501 possession.
502 (d) A mover shall retain a contract for service for each
503 move it performs for at least 1 year after the date the contract
504 for service was signed or electronically acknowledged.
505 Section 6. Section 507.054, Florida Statutes, is created to
506 read:
507 507.054 Publication.—
508 (1) The department shall prepare a publication that
509 includes a summary of the rights and responsibilities of, and
510 remedies available to movers and shippers under this chapter.
511 The publication must include a statement that a mover’s failure
512 to relinquish household goods as required by this chapter
513 constitutes a felony of the third degree, punishable as provided
514 in s. 775.082, s. 775.083, or s. 775.084, that any other
515 violation of this chapter constitutes a misdemeanor of the first
516 degree, punishable as provided in s. 775.082 or s. 775.083, and
517 that any violation of this chapter constitutes a violation of
518 the Florida Deceptive and Unfair Trade Practices Act. The
519 publication must also include a notice to the shipper about the
520 potential risks of shipping sentimental or family heirloom
521 items. The department shall make the publication available to
522 the public on the department’s website.
523 (2) A mover must provide an electronic or hard copy of the
524 department’s publication to shippers at the physical survey, or
525 if the physical survey is timely waived by the shipper, before
526 contracting for the household move.
527 (3) A mover may customize the color, design, and dimension
528 of the front and back covers of the standard department
529 publication. If the mover customizes the publication, the
530 customized publication must include the content specified in
531 subsection (1) and meet the following requirements:
532 (a) The font size used must be at least 10 points, with the
533 exception that the following must appear prominently on the
534 front cover in at least 12-point boldface type: “Your Rights and
535 Responsibilities When You Move. Furnished by Your Mover, as
536 Required by Florida Law.”
537 (b) The size of the booklet must be at least 36 square
538 inches.
539 (4) The shipper must acknowledge receipt of the electronic
540 or hard copy of the publication by signed or electronic
541 acknowledgment in the contract.
542 Section 7. Section 507.055, Florida Statutes, is created to
543 read:
544 507.055 Required disclosure and acknowledgment of rights
545 and remedies.—Before executing a contract for service for a
546 move, a mover must provide to a prospective shipper all of the
547 following:
548 (1) The publication required under s. 507.054.
549 (2) A concise, easy-to-read, and accurate binding estimate
550 required under s. 507.05(3).
551 Section 8. Subsections (1) and (3) of section 507.06,
552 Florida Statutes, are amended, and subsection (4) is added to
553 that section, to read:
554 507.06 Delivery and storage of household goods.—
555 (1) On the agreed upon delivery date or within the
556 timeframe specified in the contract for service, a mover must
557 relinquish household goods to a shipper and must place the
558 household goods inside a shipper’s dwelling or, if directed by
559 the shipper, inside a storehouse or warehouse that is owned or
560 rented by the shipper or the shipper’s agent, unless the shipper
561 has not tendered payment pursuant to s. 507.065 in the amount
562 specified in a written contract or estimate signed and dated by
563 the shipper. This requirement may be waived by the shipper. A
564 mover may not, under any circumstances, refuse to relinquish
565 prescription medicines and household goods for use by children,
566 including children’s furniture, clothing, or toys, under any
567 circumstances.
568 (3) A mover that lawfully fails to relinquish a shipper’s
569 household goods may place the goods in storage until payment in
570 accordance with s. 507.065 is tendered; however, the mover must
571 notify the shipper of the location where the goods are stored
572 and the amount due within 5 days after receipt of a written
573 request for that information from the shipper, which request
574 must include the address where the shipper may receive the
575 notice. A mover may not require a prospective shipper to waive
576 any rights or requirements under this section.
577 (4) If a mover becomes aware that it will be unable to
578 perform either the pickup or the delivery of household goods on
579 the date agreed upon or during the timeframe specified in the
580 contract for service due to circumstances not anticipated by the
581 contract, the mover shall notify the shipper of the delay and
582 advise the shipper of the amended date or timeframe within which
583 the mover expects to pick up or deliver the household goods in a
584 timely manner.
585 Section 9. Section 507.065, Florida Statutes, is created to
586 read:
587 507.065 Payment.—
588 (1) Except as provided in s. 507.05(3), the maximum amount
589 that a mover may charge before relinquishing household goods to
590 a shipper is the exact amount of the binding estimate, unless
591 waived by the shipper.
592 (2) A mover must bill a shipper for any charges assessed
593 under this chapter which are not collected upon delivery of
594 household goods at their destination within 15 days after such
595 delivery. A mover may assess a late fee for any uncollected
596 charges if the shipper fails to make payment within 30 days
597 after receipt of the bill.
598 Section 10. Subsections (1), (4), and (5) and paragraphs
599 (a) and (b) of subsection (6) of section 507.07, Florida
600 Statutes, are amended to read:
601 507.07 Violations.—It is a violation of this chapter:
602 (1) To operate conduct business as a mover or moving
603 broker, or advertise to engage in violation the business of
604 moving or fail to comply with ss. 507.03-507.10, or any other
605 requirement under this chapter offering to move, without being
606 registered with the department.
607 (4) To increase the contracted cost fail to honor and
608 comply with all provisions of the contract for moving services
609 in any way other than provided for in this chapter or bill of
610 lading regarding the purchaser’s rights, benefits, and
611 privileges thereunder.
612 (5) To withhold delivery of household goods or in any way
613 hold household goods in storage against the expressed wishes of
614 the shipper if payment has been made as delineated in the
615 binding estimate or contract for services, or pursuant to this
616 chapter.
617 (6)(a) To include in any contract any provision purporting
618 to waive or limit any right or benefit provided to shippers
619 under this chapter.
620 (a)(b) Unless expressly authorized by this chapter, to seek
621 or solicit a waiver or acceptance of limitation from a shipper
622 concerning rights or benefits provided under this chapter.
623 Section 11. Section 507.09, Florida Statutes, is amended to
624 read:
625 507.09 Administrative remedies; penalties.—
626 (1) The department may enter an order doing one or more of
627 the following if the department finds that a mover or moving
628 broker, or a person employed or contracted by a mover or broker,
629 has violated or is operating in violation of this chapter or the
630 rules or orders issued pursuant to this chapter:
631 (a) Issuing a notice of noncompliance under s. 120.695.
632 (b) Imposing an administrative fine in the Class II
633 category pursuant to s. 570.971 for each act or omission.
634 (c) Directing that the person cease and desist specified
635 activities.
636 (d) Refusing to register or revoking or suspending a
637 registration.
638 (e) Placing the registrant on probation, subject to the
639 conditions specified by the department.
640 (2) The department shall, upon notification and subsequent
641 written verification by a law enforcement agency, a court, a
642 state attorney, or the Department of Law Enforcement,
643 immediately suspend a registration or the processing of an
644 application for a registration if the registrant, applicant, or
645 an officer or director of the registrant or applicant is
646 formally charged with a crime involving fraud, theft, larceny,
647 embezzlement, or fraudulent conversion or misappropriation of
648 property or a crime arising from conduct during a movement of
649 household goods until final disposition of the case or removal
650 or resignation of that officer or director.
651 (3) The administrative proceedings that which could result
652 in the entry of an order imposing any of the penalties specified
653 in subsection (1) or subsection (2) are governed by chapter 120.
654 (3) The department may adopt rules under ss. 120.536(1) and
655 120.54 to administer this chapter.
656 Section 12. Subsection (4) of section 507.10, Florida
657 Statutes, is amended to read:
658 507.10 Civil penalties; remedies.—
659 (4) Except as expressly authorized by this chapter, any
660 provision in a contract for services or bill of lading from a
661 mover or moving broker that purports to waive, limit, restrict,
662 or avoid any of the duties, obligations, or prescriptions of the
663 mover or broker, as provided in this chapter, is void.
664 Section 13. Section 507.11, Florida Statutes, is amended to
665 read:
666 507.11 Criminal penalties.—
667 (1) The refusal of a mover or a mover’s employee, agent, or
668 contractor to comply with an order from a law enforcement
669 officer to relinquish a shipper’s household goods after the
670 officer determines that the shipper has tendered payment in
671 accordance with s. 507.065 of the amount of a written estimate
672 or contract, or after the officer determines that the mover did
673 not produce a signed or electronically acknowledged binding
674 estimate or contract for service upon which demand is being made
675 for payment, is a felony of the third degree, punishable as
676 provided in s. 775.082, s. 775.083, or s. 775.084. A mover’s
677 compliance with an order from a law enforcement officer to
678 relinquish household goods to a shipper is not a waiver or
679 finding of fact regarding any right to seek further payment from
680 the shipper.
681 (2) Except as provided in subsection (1), any person or
682 business that violates this chapter commits a misdemeanor of the
683 first degree, punishable as provided in s. 775.082 or s.
684 775.083.
685 Section 14. Section 507.14, Florida Statutes, is created to
686 read:
687 507.14 Rulemaking.—The department shall adopt rules to
688 administer this chapter.
689 Section 15. This act shall take effect July 1, 2015.