Florida Senate - 2017 CS for CS for SB 336
By the Committees on Appropriations; and Regulated Industries;
and Senators Hutson, Book, and Young
576-03505-17 2017336c2
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.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
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, including access to give a quote for the move, has
38 been convicted of a felony listed in s. 775.21(4)(a)1. or
39 convicted of a similar offense of another jurisdiction,
40 regardless of when such felony offense was 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.