Bill Text: FL H0901 | 2011 | Regular Session | Comm Sub

---

Bill Title: Household Moving Services

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2011-05-02 - Ordered enrolled -HJ 1163 [H0901 Detail]

Download: Florida-2011-H0901-Comm_Sub.html

---

CS/HB 901

1	A bill to be entitled
2	An act relating to household moving services; amending s.
3	507.01, F.S.; redefining the term "storage"; amending s.
4	507.03, F.S.; providing for the biennial renewal of mover
5	and moving broker registrations; authorizing the
6	Department of Agriculture and Consumer Services to extend
7	registration expiration dates in order to establish
8	staggered dates; requiring the calculation of biennial
9	registration fees based on an annual rate; deleting a
10	provision requiring certain movers and moving brokers to
11	obtain a local license or registration and pay the state
12	registration fee; amending s. 507.07, F.S.; prohibiting a
13	mover or moving broker from conducting business without
14	being registered with the department; providing penalties;
15	amending s. 507.13, F.S.; preempting local ordinances and
16	regulations except in certain counties; restricting the
17	levy or collection of local registration fees and taxes of
18	movers and moving brokers; providing for local
19	registration and bonding; exempting local business taxes
20	from preemption; providing for retroactive application;
21	providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Subsection (13) of section 507.01, Florida
26	Statutes, is amended to read:
27	507.01  Definitions.-As used in this chapter, the term:
28	(13)  "Storage" means the temporary warehousing of a
29	shipper's goods while under the care, custody, and control of
30	the mover.
31	Section 2.  Subsections (1), (3), and (4) of section
32	507.03, Florida Statutes, are amended to read:
33	507.03  Registration.-
34	(1)  Each mover and moving broker must annually register
35	with the department, providing its legal business and trade
36	name, mailing address, and business locations; the full names,
37	addresses, and telephone numbers of its owners or corporate
38	officers and directors and the Florida agent of the corporation;
39	a statement whether it is a domestic or foreign corporation, its
40	state and date of incorporation, its charter number, and, if a
41	foreign corporation, the date it registered with the Department
42	of State; the date on which the mover or broker registered its
43	fictitious name if the mover or broker is operating under a
44	fictitious or trade name; the name of all other corporations,
45	business entities, and trade names through which each owner of
46	the mover or broker operated, was known, or did business as a
47	mover or moving broker within the preceding 5 years; and proof
48	of the insurance or alternative coverages required under s.
49	507.04.
50	(3)  Registration fees shall be calculated at the rate of
51	$300 per year per mover or moving broker. All amounts collected
52	shall be deposited by the Chief Financial Officer to the credit
53	of the General Inspection Trust Fund of the department for the
54	sole purpose of administration of this chapter.
55	(4)  A registration must be renewed biennially on or before
56	its expiration date. In order to establish staggered expiration
57	dates, the department may extend the expiration date of a
58	registration for a period not to exceed 12 months. Any mover or
59	moving broker whose principal place of business is located in a
60	county or municipality that requires, by local ordinance, a
61	local license or registration to engage in the business of
62	moving and storage of household goods must obtain the license or
63	registration from the county or municipality. A mover or broker
64	that obtains a local license or registration must also pay the
65	state registration fee under subsection (3).
66	Section 3.  Subsection (1) of section 507.07, Florida
67	Statutes, is amended to read:
68	507.07  Violations.-It is a violation of this chapter to:
69	(1)  Conduct business as a mover or moving broker, or
70	advertise to engage in the business of moving or offering to
71	move, without first being registered annually with the
72	department.
73	Section 4.  Subsection (1) of section 507.13, Florida
74	Statutes, is amended to read:
75	507.13  Local regulation.-
76	(1)(a)  Except as provided in paragraphs (b) and (c), this
77	chapter preempts a does not preempt local ordinance ordinances
78	or regulation regulations of a county or municipality which
79	regulates regulate transactions relating to movers of household
80	goods or moving brokers.
81	(b)  This chapter does not preempt an ordinance or
82	regulation originally enacted by a county before January 1,
83	2011, or a subsequent amendment to such an ordinance or
84	regulation. However, registration fees required by such an
85	ordinance or regulation must be reasonable and may not exceed
86	the cost of administering the ordinance or regulation. In
87	addition, registration and bonding may be required only of a
88	mover or moving broker whose principal place of business is
89	located within that county's jurisdiction.
90	(c)  This section does not preempt a local government's
91	authority to levy a local business tax pursuant to chapter 205.
92	As provided in s. 507.03(4), counties and municipalities may
93	require , levy, or collect any registration fee or tax or
94	require the registration or bonding in any manner of any mover
95	or moving broker.
96	Section 5.  The amendments made by this act to ss. 570.03
97	and 507.13, Florida Statutes, apply retroactively to county and
98	municipal ordinances adopted on or after January 1, 2011.
99	Section 6.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.