Florida Senate - 2023                                    SB 1106
       
       
        
       By Senator Hooper
       
       
       
       
       
       21-00300C-23                                          20231106__
    1                        A bill to be entitled                      
    2         An act relating to household moving services; amending
    3         s. 507.01, F.S.; revising definitions; amending s.
    4         507.02, F.S.; providing construction; amending s.
    5         507.03, F.S.; revising requirements for estimates,
    6         contracts, and advertisements; conforming a cross
    7         reference; revising requirements relating to lists
    8         provided to the Department of Agriculture and Consumer
    9         Services by moving brokers; requiring the department
   10         to publish and maintain a specified list on its
   11         website; prohibiting certain persons from operating as
   12         or holding themselves out to be a mover or moving
   13         broker without registering with the department;
   14         requiring the department to issue cease and desist
   15         orders to certain persons under certain circumstances;
   16         authorizing the department to seek an immediate
   17         injunction under certain circumstances; amending s.
   18         507.04, F.S.; revising alternative coverage
   19         requirements; requiring the department to immediately
   20         suspend a mover’s or moving broker’s registration
   21         under certain circumstances; authorizing the
   22         department to seek an immediate injunction under
   23         certain circumstances; amending s. 507.05, F.S.;
   24         revising requirements for contracts and estimates for
   25         prospective shippers; creating s. 507.056, F.S.;
   26         providing limitations and prohibitions for moving
   27         brokers; requiring moving brokers to make a specified
   28         disclosure to shippers before providing any services;
   29         prohibiting moving brokers’ fees from including
   30         certain costs; requiring that documents provided to
   31         shippers by moving brokers contain specified
   32         information; amending s. 507.07, F.S.; providing that
   33         it is a violation of ch. 507, F.S., for moving brokers
   34         to provide estimates or enter into contracts or
   35         agreements that were not prepared and signed or
   36         electronically acknowledged by a mover; amending s.
   37         507.09, F.S.; conforming a cross-reference; requiring
   38         the department, upon verification by certain entities,
   39         to immediately suspend a registration or the
   40         processing of an application for a registration in
   41         certain circumstances; amending s. 507.10, F.S.;
   42         conforming a cross-reference; amending s. 507.11,
   43         F.S.; conforming provisions to changes made by the
   44         act; providing an effective date.
   45          
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. Subsections (4), (6), and (10) of section
   49  507.01, Florida Statutes, are amended to read:
   50         507.01 Definitions.—As used in this chapter, the term:
   51         (4) “Contract for service” or “bill of lading” means a
   52  written document prepared by a registered mover which is
   53  approved and electronically acknowledged or signed by the
   54  shipper in writing before the performance of any service by the
   55  mover and which authorizes services from the named mover to
   56  perform and lists the services and lists all costs associated
   57  with the household move and accessorial services to be
   58  performed.
   59         (6) “Estimate” means a written document prepared by a
   60  registered mover that sets forth the total costs and describes
   61  the basis of those costs, relating to a shipper’s household
   62  move, including, but not limited to, the loading, transportation
   63  or shipment, and unloading of household goods and accessorial
   64  services.
   65         (10) “Moving broker” or “broker” means a person who, for
   66  compensation, arranges with a registered mover for loading,
   67  transporting or shipping, or unloading of for another person to
   68  load, transport or ship, or unload household goods as part of a
   69  household move or who, for compensation, refers a shipper to a
   70  registered mover by telephone, postal or electronic mail,
   71  Internet website, or other means.
   72         Section 2. Present paragraph (b) of subsection (1) of
   73  section 507.02, Florida Statutes, is redesignated as paragraph
   74  (c), and a new paragraph (b) is added to that subsection, to
   75  read:
   76         507.02 Construction; intent; application.—
   77         (1) This chapter shall be construed liberally to:
   78         (b) Establish the law of this state governing the brokering
   79  of moves of household goods by moving brokers.
   80         Section 3. Subsections (1), (2), (5), (6), (7), (9), and
   81  (11) of section 507.03, Florida Statutes, are amended, and
   82  subsections (12) and (13) are added to that section, to read:
   83         507.03 Registration.—
   84         (1) Each mover and moving broker must register with the
   85  department, providing its legal business and trade name, mailing
   86  address, and business locations; the full names, addresses, and
   87  telephone numbers of its owners, or corporate officers, and
   88  directors and the Florida agent of the corporation; a statement
   89  whether it is a domestic or foreign corporation, its state and
   90  date of incorporation, its charter number, and, if a foreign
   91  corporation, the date it registered with the Department of
   92  State; the date on which the mover or moving broker registered
   93  its fictitious name if the mover or moving broker is operating
   94  under a fictitious or trade name; the name of all other
   95  corporations, business entities, and trade names through which
   96  each owner of the mover or moving broker operated, was known, or
   97  did business as a mover or moving broker within the preceding 5
   98  years; and proof of the insurance or alternative coverages
   99  required under s. 507.04.
  100         (2) A certificate evidencing proof of registration shall be
  101  issued by the department and must be prominently displayed in
  102  the mover’s or moving broker’s primary place of business.
  103         (5)(a) Each estimate or contract of a mover or moving
  104  broker must include the phrase “...(NAME OF FIRM)... is
  105  registered with the State of Florida as a Mover or Moving
  106  Broker. Fla. Mover Registration No. .....”
  107         (b)Any document from a moving broker must include the
  108  phrase ...(NAME OF FIRM)... is registered with the State of
  109  Florida as a Moving Broker. Fla. Moving Broker Registration No.
  110  .....”
  111         (6)(a) Each advertisement of a mover or moving broker must
  112  include the phrase “Fla. Mover Reg. No. ....” or “Fla. IM No.
  113  .....” Each of the mover’s vehicles must clearly and
  114  conspicuously display a sign on the driver’s side door which
  115  includes at least one of these phrases in lettering of at least
  116  1.5 inches in height.
  117         (b)Each advertisement of a moving broker must include the
  118  phrase “Fla. Moving Broker Reg. No. ..... ...(NAME OF MOVING
  119  BROKER)... is a moving broker. ...(NAME OF MOVING BROKER)... is
  120  paid by a shipper to arrange, or offer to arrange, the
  121  transportation of property by a registered mover.
  122         (7) A registration is not valid for any mover or moving
  123  broker transacting business at any place other than that
  124  designated in the mover’s or moving broker’s application, unless
  125  the department is first notified in writing before any change of
  126  location. A registration issued under this chapter is not
  127  assignable, and the mover or moving broker may not conduct
  128  business under more than one name except as registered. A mover
  129  or moving broker desiring to change its registered name or
  130  location or designated agent for service of process at a time
  131  other than upon renewal of registration must notify the
  132  department of the change.
  133         (9) The department shall deny or refuse to renew the
  134  registration of a mover or a moving broker or deny a
  135  registration or renewal request by any of the mover’s or moving
  136  broker’s directors, officers, owners, or general partners if the
  137  mover or moving broker has not satisfied a civil penalty or
  138  administrative fine for a violation of s. 507.07(10) s.
  139  507.07(9).
  140         (11) At the request of the department, Each moving broker
  141  shall provide the department with a complete list of the
  142  registered movers that the moving broker has contracted or is
  143  affiliated with, advertises on behalf of, arranges moves for, or
  144  refers shippers to, including each mover’s complete name,
  145  address, telephone number, and e-mail address, and registration
  146  number and the name of each mover’s owners, corporate officers,
  147  and directors owner or other principal. A moving broker must
  148  notify the department of any changes to the provided
  149  information. The department shall publish and maintain a list of
  150  all moving brokers and the registered movers each moving broker
  151  is contracted with on its website.
  152         (12)A person required to register pursuant to this section
  153  may not operate as or hold itself out to be a mover or moving
  154  broker without first registering with the department pursuant to
  155  this section.
  156         (13)The department must immediately issue a cease and
  157  desist order to a person upon finding that such person is
  158  operating as mover or moving broker without registering pursuant
  159  to this section. In addition, and notwithstanding the
  160  availability of any administrative relief under chapter 120, the
  161  department may seek from the appropriate circuit court an
  162  immediate injunction prohibiting the person from operating in
  163  this state until the person complies with this section, a civil
  164  penalty not to exceed $5,000, and court costs.
  165         Section 4. Present subsections (3), (4), and (5) of section
  166  507.04, Florida Statutes, are redesignated as subsections (4),
  167  (5), and (6), respectively, a new subsection (3) is added to
  168  that section, and subsection (1) and present subsections (4) and
  169  (5) of that section are amended, to read:
  170         507.04 Required insurance coverages; liability limitations;
  171  valuation coverage.—
  172         (1) LIABILITY INSURANCE.—
  173         (a)1. Except as provided in paragraph (b), each mover
  174  operating in this state must maintain current and valid
  175  liability insurance coverage of at least $10,000 per shipment
  176  for the loss or damage of household goods resulting from the
  177  negligence of the mover or its employees or agents.
  178         2. The mover must provide the department with evidence of
  179  liability insurance coverage before the mover is registered with
  180  the department under s. 507.03. All insurance coverage
  181  maintained by a mover must remain in effect throughout the
  182  mover’s registration period. A mover’s failure to maintain
  183  insurance coverage in accordance with this paragraph constitutes
  184  an immediate threat to the public health, safety, and welfare.
  185         (b) A mover that operates two or fewer vehicles, in lieu of
  186  maintaining the liability insurance coverage required under
  187  paragraph (a), may, and each moving broker must, maintain one of
  188  the following alternative coverages:
  189         1. A performance bond in the amount of $50,000 $25,000, for
  190  which the surety of the bond must be a surety company authorized
  191  to conduct business in this state; or
  192         2. A certificate of deposit in a Florida banking
  193  institution in the amount of $50,000 $25,000.
  194         (c)A moving broker must maintain one of the following
  195  coverages:
  196         1.A performance bond in the amount of $50,000, for which
  197  the surety of the bond must be a surety company authorized to
  198  conduct business in this state; or
  199         2.A certificate of deposit in a Florida banking
  200  institution in the amount of $50,000.
  201  
  202  The original bond or certificate of deposit must be filed with
  203  the department and must designate the department as the sole
  204  beneficiary. The department must use the bond or certificate of
  205  deposit exclusively for the payment of claims to consumers who
  206  are injured by the fraud, misrepresentation, breach of contract,
  207  misfeasance, malfeasance, or financial failure of the mover or
  208  moving broker or by a violation of this chapter by the mover or
  209  moving broker. Liability for these injuries may be determined in
  210  an administrative proceeding of the department or through a
  211  civil action in a court of competent jurisdiction. However,
  212  claims against the bond or certificate of deposit must only be
  213  paid, in amounts not to exceed the determined liability for
  214  these injuries, by order of the department in an administrative
  215  proceeding. The bond or certificate of deposit is subject to
  216  successive claims, but the aggregate amount of these claims may
  217  not exceed the amount of the bond or certificate of deposit.
  218         (3)REGISTRATION SUSPENSION.—The department must
  219  immediately suspend a mover’s or moving broker’s registration if
  220  the mover or moving broker fails to maintain the required
  221  performance bond or the certificate of deposit under subsection
  222  (1) or the insurance required under subsection (2), and the
  223  mover or moving broker must immediately cease operating as a
  224  mover or moving broker in this state. In addition, and
  225  notwithstanding the availability of any administrative relief
  226  pursuant to chapter 120, the department may seek from a circuit
  227  court an immediate injunction prohibiting the mover or moving
  228  broker from operating in this state until the mover or moving
  229  broker complies with subsections (1) and (2), a civil penalty
  230  not to exceed $5,000, and court costs.
  231         (5)(4) LIABILITY LIMITATIONS; VALUATION RATES.—A mover may
  232  not limit its liability for the loss or damage of household
  233  goods to a valuation rate that is less than 60 cents per pound
  234  per article. A provision of a contract for moving services is
  235  void if the provision limits a mover’s liability to a valuation
  236  rate that is less than the minimum rate under this subsection.
  237  If a mover limits its liability for a shipper’s goods, the mover
  238  must disclose the limitation, including the valuation rate, to
  239  the shipper in writing at the time that the estimate and
  240  contract for services are executed and before any moving or
  241  accessorial services are provided. The disclosure must also
  242  inform the shipper of the opportunity to purchase valuation
  243  coverage if the mover offers that coverage under subsection (6)
  244  (5).
  245         (6)(5) VALUATION COVERAGE.—A mover may offer valuation
  246  coverage to compensate a shipper for the loss or damage of the
  247  shipper’s household goods that are lost or damaged during a
  248  household move. If a mover offers valuation coverage, the
  249  coverage must indemnify the shipper for at least the minimum
  250  valuation rate required under subsection (5) (4). The mover must
  251  disclose the terms of the coverage to the shipper in writing at
  252  the time that the estimate and contract for services are
  253  executed and before any moving or accessorial services are
  254  provided. The disclosure must inform the shipper of the cost of
  255  the valuation coverage, the valuation rate of the coverage, and
  256  the opportunity to reject the coverage. If valuation coverage
  257  compensates a shipper for at least the minimum valuation rate
  258  required under subsection (5) (4), the coverage satisfies the
  259  mover’s liability for the minimum valuation rate.
  260         Section 5. Section 507.05, Florida Statutes, is amended to
  261  read:
  262         507.05 Estimates and contracts for service.—Before
  263  providing any moving or accessorial services, an estimate and a
  264  contract and estimate must be prepared by a registered mover and
  265  provided to a prospective shipper in writing, and the shipper,
  266  mover, and moving broker, if applicable, must sign or
  267  electronically acknowledge and date the estimate and contract.
  268  At a minimum, the estimate and contract for service must be
  269  signed and dated by the shipper and the mover, and must include:
  270         (1) The name, telephone number, and physical address where
  271  the mover’s and moving broker’s employees are available during
  272  normal business hours.
  273         (2) The date the estimate and contract were or estimate is
  274  prepared by the mover and the any proposed date or dates of the
  275  shipper’s household move, including, but not limited to,
  276  loading, transportation, shipment, and unloading of household
  277  goods and accessorial services.
  278         (3) The name and address of the shipper, the addresses
  279  where the articles are to be picked up and delivered, and a
  280  telephone number where the shipper may be reached.
  281         (4) The name, telephone number, and physical address of the
  282  any location where the household goods will be held pending
  283  further transportation, including situations in which where the
  284  mover retains possession of household goods pending resolution
  285  of a fee dispute with the shipper.
  286         (5) An itemized breakdown and description and total of all
  287  costs and services for loading, transportation or shipment,
  288  unloading, and accessorial services to be provided during a
  289  household move or storage of household goods, including the fees
  290  of a moving broker, if used.
  291         (6) Acceptable forms of payment, which must be clearly and
  292  conspicuously disclosed to the shipper on the binding estimate
  293  and the contract for services. A mover must shall accept at
  294  least a minimum of two of the three following forms of payment:
  295         (a) Cash, cashier’s check, money order, or traveler’s
  296  check;
  297         (b) Valid personal check, showing upon its face the name
  298  and address of the shipper or authorized representative; or
  299         (c) Valid credit card, which shall include, but not be
  300  limited to, Visa or MasterCard.
  301  
  302  A mover must clearly and conspicuously disclose to the shipper
  303  in the estimate and contract for services the forms of payments
  304  the mover will accept, including the forms of payment described
  305  in paragraphs (a)-(c).
  306         Section 6. Section 507.056, Florida Statutes, is created to
  307  read:
  308         507.056Moving brokers; services.—
  309         (1)A moving broker may only arrange with a registered
  310  mover for the loading, transportation, shipment, or unloading of
  311  household goods as part of a household move or refer a shipper
  312  to a registered mover. Moving brokers may not give a verbal
  313  estimate or prepare a written estimate or contract for services
  314  that sets forth the total costs and describes the basis of those
  315  costs relating to a shipper’s household move, including, but not
  316  limited to, the loading, transportation, shipment, or unloading
  317  of household goods and accessorial services.
  318         (2)Before providing any service to a prospective shipper,
  319  a moving broker must disclose to the shipper that the broker may
  320  only arrange, or offer to arrange, the transportation of
  321  property by a registered mover. A moving broker’s fees may not
  322  include the cost of the shipper’s household move, including, but
  323  not limited to, the loading, transportation, shipment, or
  324  unloading of household goods and accessorial services. Any
  325  document provided to a shipper by a moving broker must include
  326  all of the following:
  327         (a) The name of the moving broker and the moving broker’s
  328  registration number.
  329         (b) The following statement displayed at the top of the
  330  document: ...(Name of Moving Broker)... is not a mover.
  331  ...(Name of Moving Broker)... is paid by the shipper to arrange,
  332  or offer to arrange, the transportation of property by a
  333  registered mover. The moving brokers fees do not include the
  334  cost of the shipper’s household move, including, but not limited
  335  to, the loading, transportation, shipment, or unloading of
  336  household goods and accessorial services.
  337         (c) The name, telephone number, and physical address where
  338  the moving broker’s employees are available during normal
  339  business hours.
  340         (d) An itemized breakdown and description and total of all
  341  costs for the moving broker’s fees to arrange with a registered
  342  mover for the loading, transportation, shipment, or unloading of
  343  household goods as part of a household move or to refer the
  344  shipper to a registered mover.
  345         (e) A list of all of the registered movers the moving
  346  broker has contracted with or is affiliated with, advertises on
  347  behalf of, arranges moves for, or refers shippers to, including
  348  each mover’s complete name, address, telephone number, e-mail
  349  address, Florida Intrastate Registration Number, and the name of
  350  each mover’s owners, corporate officers, and directors.
  351         (f) A list of acceptable forms of payment, which must
  352  include all of the forms of payment listed in at least two of
  353  the following subparagraphs:
  354         1. Cash, cashier’s check, money order, or traveler’s check.
  355         2. Valid personal check, showing upon its face the name and
  356  address of the shipper or authorized representative.
  357         3. Valid credit card, which shall include, but not be
  358  limited to, Visa or MasterCard.
  359         Section 7. Present subsections (8) and (9) of section
  360  507.07, Florida Statutes, are redesignated as subsections (9)
  361  and (10), respectively, and a new subsection (8) is added to
  362  that section, to read:
  363         507.07 Violations.—It is a violation of this chapter:
  364         (8) For a moving broker to provide an estimate or enter
  365  into a contract or agreement for moving, loading, shipping,
  366  transporting, or unloading services with a shipper which was not
  367  prepared and electronically acknowledged or signed by a mover
  368  who is registered with the department pursuant to this chapter.
  369         Section 8. Section 507.09, Florida Statutes, is amended to
  370  read:
  371         507.09 Administrative remedies; penalties.—
  372         (1) The department may enter an order doing one or more of
  373  the following if the department finds that a mover or moving
  374  broker, or a person employed or contracted by a mover or broker,
  375  has violated or is operating in violation of this chapter or the
  376  rules or orders issued pursuant to this chapter:
  377         (a) Issuing a notice of noncompliance under s. 120.695.
  378         (b) Imposing an administrative fine in the Class II
  379  category pursuant to s. 570.971 for each act or omission.
  380  However, the department must impose an administrative fine in
  381  the Class IV category for each violation of s. 507.07(10) s.
  382  507.07(9) if the department does not seek a civil penalty for
  383  the same offense.
  384         (c) Directing that the person cease and desist specified
  385  activities.
  386         (d) Refusing to register or revoking or suspending a
  387  registration.
  388         (e) Placing the registrant on probation, subject to the
  389  conditions specified by the department.
  390         (2) The department, upon notification and subsequent
  391  written verification by a law enforcement agency, a court, a
  392  state attorney, or the Department of Law Enforcement, must
  393  immediately suspend a registration or the processing of an
  394  application for a registration if the registrant, applicant, or
  395  officer or director of the registrant or applicant is formally
  396  charged with a crime involving fraud, theft, larceny,
  397  embezzlement, or fraudulent conversion or misappropriation of
  398  property or a crime arising from conduct during a movement of
  399  household goods until final disposition of the case or removal
  400  or resignation of that officer or director.
  401         (3) The administrative proceedings that which could result
  402  in the entry of an order imposing any of the penalties specified
  403  in subsection (1) or subsection (2) are governed by chapter 120.
  404         (4)(3) The department may adopt rules under ss. 120.536(1)
  405  and 120.54 to administer this chapter.
  406         Section 9. Subsection (2) of section 507.10, Florida
  407  Statutes, is amended to read:
  408         507.10 Civil penalties; remedies.—
  409         (2) The department may seek a civil penalty in the Class II
  410  category pursuant to s. 570.971 for each violation of this
  411  chapter. However, the department must seek a civil penalty in
  412  the Class IV category for each violation of s. 507.07(10) s.
  413  507.07(9) if the department does not impose an administrative
  414  fine for the same offense.
  415         Section 10. Subsection (1) of section 507.11, Florida
  416  Statutes, is amended to read:
  417         507.11 Criminal penalties.—
  418         (1) The refusal of a mover or a mover’s employee, agent, or
  419  contractor to comply with an order from a law enforcement
  420  officer to relinquish a shipper’s household goods after the
  421  officer determines that the shipper has tendered payment of the
  422  amount of a written estimate or contract, or after the officer
  423  determines that the mover did not produce a signed or
  424  electronically acknowledged binding estimate or contract for
  425  service upon which demand is being made for payment, is a felony
  426  of the third degree, punishable as provided in s. 775.082, s.
  427  775.083, or s. 775.084. A mover’s compliance with an order from
  428  a law enforcement officer to relinquish goods to a shipper is
  429  not a waiver or finding of fact regarding any right to seek
  430  further payment from the shipper.
  431         Section 11. This act shall take effect July 1, 2023.