Florida Senate - 2017                              CS for SB 336
       
       
        
       By the Committee on Regulated Industries; and Senators Hutson
       and Book
       
       580-01750-17                                           2017336c1
    1                        A bill to be entitled                      
    2         An act relating to household movers; amending s.
    3         507.03, F.S.; requiring the Department of Agriculture
    4         and Consumer Services to deny or refuse to renew the
    5         registration of a mover under certain circumstances;
    6         amending s. 507.07, F.S.; prohibiting a mover from
    7         knowingly refusing or failing to disclose in writing
    8         specified criminal information under certain
    9         circumstances; amending ss. 507.09 and 507.10, F.S.,
   10         relating to administrative remedies and civil
   11         penalties, respectively; requiring the department to
   12         impose either a civil penalty or an administrative
   13         fine for failure to disclose in writing specified
   14         criminal information; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Present subsections (9) and (10) of section
   19  507.03, Florida Statutes, are redesignated as subsections (10)
   20  and (11), respectively, and a new subsection (9) is added to
   21  that section, to read:
   22         507.03 Registration.—
   23         (9) The department shall deny or refuse to renew the
   24  registration of a mover or deny a registration or renewal
   25  request by any of the mover’s directors, officers, owners, or
   26  general partners if the mover has not satisfied a civil penalty
   27  or administrative fine for a violation of s. 507.07(9).
   28         Section 2. Subsection (9) is added to section 507.07,
   29  Florida Statutes, to read:
   30         507.07 Violations.—It is a violation of this chapter:
   31         (9) For a mover to knowingly refuse or fail to disclose in
   32  writing to a customer before a household move that the mover or
   33  an employee of the mover who has access to the dwelling or
   34  property of the customer has been convicted of a felony listed
   35  in s. 775.21(4)(a)1. or convicted of a similar offense of
   36  another jurisdiction, regardless of when such felony offense was
   37  committed.
   38         Section 3. Paragraph (b) of subsection (1) of section
   39  507.09, Florida Statutes, is amended to read:
   40         507.09 Administrative remedies; penalties.—
   41         (1) The department may enter an order doing one or more of
   42  the following if the department finds that a mover or moving
   43  broker, or a person employed or contracted by a mover or broker,
   44  has violated or is operating in violation of this chapter or the
   45  rules or orders issued pursuant to this chapter:
   46         (b) Imposing an administrative fine in the Class II
   47  category pursuant to s. 570.971 for each act or omission.
   48  However, the department must impose an administrative fine in
   49  the Class IV category for each violation of s. 507.07(9) if the
   50  department does not seek a civil penalty for the same offense.
   51         Section 4. Subsection (2) of section 507.10, Florida
   52  Statutes, is amended to read:
   53         507.10 Civil penalties; remedies.—
   54         (2) The department may seek a civil penalty in the Class II
   55  category pursuant to s. 570.971 for each violation of this
   56  chapter. However, the department must seek a civil penalty in
   57  the Class IV category for each violation of s. 507.07(9) if the
   58  department does not impose an administrative fine for the same
   59  offense.
   60         Section 5. This act shall take effect October 1, 2017.