Florida Senate - 2017              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 336
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on the Environment and Natural
    1                        A bill to be entitled                      
    2         An act relating to household movers and moving
    3         brokers; amending s. 507.03, F.S.; requiring the
    4         Department of Agriculture and Consumer Services to
    5         deny or refuse to renew the registration of a mover or
    6         a moving broker under certain circumstances; amending
    7         s. 507.07, F.S.; prohibiting a mover or moving broker
    8         from knowingly refusing or failing to disclose in
    9         writing specified criminal information under certain
   10         circumstances; amending ss. 507.09 and 507.10, F.S.,
   11         relating to administrative remedies and civil
   12         penalties, respectively; requiring the department to
   13         impose either a civil penalty or an administrative
   14         fine for failure to disclose in writing specified
   15         criminal information; providing an effective date.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. Present subsections (9) and (10) of section
   20  507.03, Florida Statutes, are redesignated as subsections (10)
   21  and (11), respectively, and a new subsection (9) is added to
   22  that section, to read:
   23         507.03 Registration.—
   24         (9)The department shall deny or refuse to renew the
   25  registration of a mover or a moving broker or deny a
   26  registration or renewal request by any of the mover’s or moving
   27  broker’s directors, officers, owners, or general partners if the
   28  mover or moving broker has not satisfied a civil penalty or
   29  administrative fine for a violation of s. 507.07(9).
   30         Section 2. Subsection (9) is added to section 507.07,
   31  Florida Statutes, to read:
   32         507.07 Violations.—It is a violation of this chapter:
   33         (9) For a mover or a moving broker to knowingly refuse or
   34  fail to disclose in writing to a customer before a household
   35  move that the mover or an employee or subcontractor of the mover
   36  or moving broker who has access to the dwelling or property of
   37  the customer has been convicted of a felony listed in s.
   38  775.21(4)(a)1. or convicted of a similar offense of another
   39  jurisdiction, regardless of when such felony offense was
   40  committed.
   41         Section 3. Paragraph (b) of subsection (1) of section
   42  507.09, Florida Statutes, is amended to read:
   43         507.09 Administrative remedies; penalties.—
   44         (1) The department may enter an order doing one or more of
   45  the following if the department finds that a mover or moving
   46  broker, or a person employed or contracted by a mover or broker,
   47  has violated or is operating in violation of this chapter or the
   48  rules or orders issued pursuant to this chapter:
   49         (b) Imposing an administrative fine in the Class II
   50  category pursuant to s. 570.971 for each act or omission.
   51  However, the department must impose an administrative fine in
   52  the Class IV category for each violation of s. 507.07(9) if the
   53  department does not seek a civil penalty for the same offense.
   54         Section 4. Subsection (2) of section 507.10, Florida
   55  Statutes, is amended to read:
   56         507.10 Civil penalties; remedies.—
   57         (2) The department may seek a civil penalty in the Class II
   58  category pursuant to s. 570.971 for each violation of this
   59  chapter. However, the department must seek a civil penalty in
   60  the Class IV category for each violation of s. 507.07(9) if the
   61  department does not impose an administrative fine for the same
   62  offense.
   63         Section 5. This act shall take effect October 1, 2017.