Florida Senate - 2010                              CS for SB 320
       By the Committee on Commerce; and Senator Garcia
       577-02779-10                                           2010320c1
    1                        A bill to be entitled                      
    2         An act relating to household moving services; amending
    3         s. 507.01, F.S.; redefining the term “storage”;
    4         amending s. 507.03, F.S.; providing for the biennial
    5         renewal of mover and moving broker registrations;
    6         authorizing the Department of Agriculture and Consumer
    7         Services to extend registration expiration dates in
    8         order to establish staggered dates; requiring the
    9         calculation of biennial registration fees based on an
   10         annual rate; deleting a provision requiring certain
   11         movers and moving brokers to obtain a local license or
   12         registration and pay the state registration fee;
   13         amending s. 507.04, F.S.; authorizing a mover to
   14         exclude liability for household goods packed by the
   15         shipper under certain circumstances; amending s.
   16         507.06, F.S.; authorizing a mover to refuse to
   17         transport or ship household goods under certain
   18         circumstances; amending s. 507.07, F.S.; prohibiting a
   19         mover or moving broker from conducting business
   20         without being registered with the department;
   21         providing penalties; amending s. 507.13, F.S.;
   22         preempting local ordinances and regulations except in
   23         certain counties; restricting the levy or collection
   24         of local registration fees and taxes of movers and
   25         moving brokers; providing for local registration and
   26         bonding; exempting local business taxes from
   27         preemption; providing an effective date.
   29  Be It Enacted by the Legislature of the State of Florida:
   31         Section 1. Subsection (13) of section 507.01, Florida
   32  Statutes, is amended to read:
   33         507.01 Definitions.—As used in this chapter, the term:
   34         (13) “Storage” means the temporary warehousing of a
   35  shipper’s goods while under the care, custody, and control of
   36  the mover.
   37         Section 2. Subsections (1), (3), and (4) of section 507.03,
   38  Florida Statutes, are amended to read:
   39         507.03 Registration.—
   40         (1) Each mover and moving broker must annually register
   41  with the department, providing its legal business and trade
   42  name, mailing address, and business locations; the full names,
   43  addresses, and telephone numbers of its owners or corporate
   44  officers and directors and the Florida agent of the corporation;
   45  a statement whether it is a domestic or foreign corporation, its
   46  state and date of incorporation, its charter number, and, if a
   47  foreign corporation, the date it registered with the Department
   48  of State; the date on which the mover or broker registered its
   49  fictitious name if the mover or broker is operating under a
   50  fictitious or trade name; the name of all other corporations,
   51  business entities, and trade names through which each owner of
   52  the mover or broker operated, was known, or did business as a
   53  mover or moving broker within the preceding 5 years; and proof
   54  of the insurance or alternative coverages required under s.
   55  507.04.
   56         (3) Registration fees shall be calculated at the rate of
   57  $300 per year per mover or moving broker. All amounts collected
   58  shall be deposited by the Chief Financial Officer to the credit
   59  of the General Inspection Trust Fund of the department for the
   60  sole purpose of administration of this chapter.
   61         (4) A registration must be renewed biennially on or before
   62  its expiration date. In order to establish staggered expiration
   63  dates, the department may extend the expiration date of a
   64  registration for a period not to exceed 12 months. Any mover or
   65  moving broker whose principal place of business is located in a
   66  county or municipality that requires, by local ordinance, a
   67  local license or registration to engage in the business of
   68  moving and storage of household goods must obtain the license or
   69  registration from the county or municipality. A mover or broker
   70  that obtains a local license or registration must also pay the
   71  state registration fee under subsection (3).
   72         Section 3. Subsection (4) of section 507.04, Florida
   73  Statutes, is amended to read:
   74         507.04 Required insurance coverages; liability limitations;
   75  valuation coverage.—
   77         (a) A mover may not limit its liability for the loss or
   78  damage of household goods to a valuation rate that is less than
   79  60 cents per pound per article. A provision of a contract for
   80  moving services is void if the provision limits a mover’s
   81  liability to a valuation rate that is less than the minimum rate
   82  allowed under this subsection.
   83         (b)A mover may exclude liability for any household goods
   84  packed by the shipper if the exclusion is declared, and the
   85  shipper declines, in writing, to allow the mover to open and
   86  inspect the box or crate in which the goods were packed by the
   87  shipper.
   88         (c) If a mover limits its liability for a shipper’s goods,
   89  the mover must disclose the limitation, including the valuation
   90  rate, to the shipper in writing at the time that the estimate
   91  and contract for services are executed and before any moving or
   92  accessorial services are provided. The disclosure must also
   93  inform the shipper of the opportunity to purchase valuation
   94  coverage if the mover offers that coverage under subsection (5).
   95         Section 4. Section 507.06, Florida Statutes, is amended to
   96  read:
   97         507.06 Transportation or shipment, delivery, and storage of
   98  household goods.—
   99         (1)A mover, before transporting or shipping a shipper’s
  100  household goods, may refuse to transport or ship any of the
  101  goods, if the mover notifies the shipper and the shipper
  102  acknowledges the refusal in writing.
  103         (2)(1) A mover must relinquish household goods to a shipper
  104  and must place the goods inside a shipper’s dwelling or, if
  105  directed by the shipper, inside a storehouse or warehouse that
  106  is owned or rented by the shipper or the shipper’s agent, unless
  107  the shipper has not tendered payment in the amount specified in
  108  a written contract or estimate signed and dated by the shipper.
  109  A mover may not refuse to relinquish prescription medicines and
  110  goods for use by children, including children’s furniture,
  111  clothing, or toys, under any circumstances.
  112         (3)(2) A mover may not refuse to relinquish household goods
  113  to a shipper or fail to place the goods inside a shipper’s
  114  dwelling or, if directed by the shipper, inside a storehouse or
  115  warehouse that is owned or rented by the shipper or the
  116  shipper’s agent, based on the mover’s refusal to accept an
  117  acceptable form of payment.
  118         (4)(3) A mover that lawfully fails to relinquish a
  119  shipper’s household goods may place the goods in storage until
  120  payment is tendered; however, the mover must notify the shipper
  121  of the location where the goods are stored and the amount due
  122  within 5 days after receipt of a written request for that
  123  information from the shipper, which request must include the
  124  address where the shipper may receive the notice. A mover may
  125  not require a prospective shipper to waive any rights or
  126  requirements under this section.
  127         Section 5. Subsection (1) of section 507.07, Florida
  128  Statutes, is amended to read:
  129         507.07 Violations.—It is a violation of this chapter to:
  130         (1) Conduct business as a mover or moving broker, or
  131  advertise to engage in the business of moving or offering to
  132  move, without first being registered annually with the
  133  department.
  134         Section 6. Subsection (1) of section 507.13, Florida
  135  Statutes, is amended to read:
  136         507.13 Local regulation.—
  137         (1)(a)Except as provided in paragraphs (b) and (c), this
  138  chapter preempts a does not preempt local ordinance ordinances
  139  or regulation regulations of a county or municipality which
  140  regulates regulate transactions relating to movers of household
  141  goods or moving brokers.
  142         (b)This chapter does not preempt an ordinance or
  143  regulation originally enacted by a county before January 1,
  144  2010, or a subsequent amendment to such an ordinance or
  145  regulation. However, registration fees required by such an
  146  ordinance or regulation must be reasonable and may not exceed
  147  the cost of administering the ordinance or regulation. Such an
  148  ordinance may apply only to the mover or moving broker whose
  149  principal place of business is located within that jurisdiction.
  150         (c)This section does not preempt a local government’s
  151  authority to levy a local business tax pursuant to chapter 205.
  152  As provided in s. 507.03(4), counties and municipalities may
  153  require , levy, or collect any registration fee or tax or
  154  require the registration or bonding in any manner of any mover
  155  or moving broker.
  156         Section 7. This act shall take effect July 1, 2010.

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