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The Florida Senate

2004 Florida Statutes

Section 507.07, Florida Statutes 2004

507.07  Violations.--It is a violation of this act to:

(1)  Conduct business as a mover or advertise to engage in the business of moving or offering to move without first being registered annually with the department.

(2)  Knowingly make any false statement, representation, or certification in any application, document, or record required to be submitted or retained under this act.

(3)  Misrepresent or deceptively represent:

(a)  The contract for services, bill of lading, or inventory of household goods for the move estimated.

(b)  The timeframe or schedule for delivery or storage of household goods estimated.

(c)  The price, size, nature, extent, qualities, or characteristics of accessorial or moving services offered.

(d)  The nature or extent of other goods, services, or amenities offered.

(e)  A shipper's rights, privileges, or benefits.

(4)  Fail to honor and comply with all provisions of the contract for services or bill of lading regarding the purchaser's rights, benefits, and privileges thereunder.

(5)  Withhold delivery of household goods or in any way hold goods in storage against the expressed wishes of the shipper if payment has been made as delineated in the estimate or contract for services.

(6)(a)  Include in any contract any provision purporting to waive or limit any right or benefit provided to shippers under this act.

(b)  Seek or solicit such waiver or acceptance of limitation from a shipper concerning rights or benefits provided under this act.

(c)  Use a local mailing address, registration facility, drop box, or answering service in the promotion, advertising, solicitation, or sale of contracts, unless the mover's fixed business address is clearly disclosed during any telephone solicitation and is prominently and conspicuously disclosed on all solicitation materials and on the contract.

(d)  Do any other act which constitutes fraud, misrepresentation, or failure to disclose a material fact.

(e)  Refuse or fail, or for any of the mover's principal officers to refuse or fail, after notice, to produce any document or record or disclose any information required to be produced or disclosed.

(f)  Knowingly make a material false statement in response to any request or investigation by the department, the Department of Legal Affairs, or the state attorney.

History.--s. 7, ch. 2002-53.