Bill Text: FL S0296 | 2011 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Household Moving Services

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2011-04-29 - Read 2nd time -SJ 585 [S0296 Detail]

Download: Florida-2011-S0296-Comm_Sub.html

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       Florida Senate - 2011                              CS for SB 296
       
       
       
       By the Committee on Commerce and Tourism; and Senator Wise
       
       
       
       
       577-03334-11                                           2011296c1
    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. 507.07, F.S.; prohibiting a mover or
   14         moving broker from conducting business without being
   15         registered with the department; providing penalties;
   16         amending s. 507.13, F.S.; preempting local ordinances
   17         and regulations except in certain counties;
   18         restricting the levy or collection of local
   19         registration fees and taxes of movers and moving
   20         brokers; providing for local registration and bonding;
   21         exempting local business taxes from preemption;
   22         providing an effective date.
   23  
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsection (13) of section 507.01, Florida
   27  Statutes, is amended to read:
   28         507.01 Definitions.—As used in this chapter, the term:
   29         (13) “Storage” means the temporary warehousing of a
   30  shipper’s goods while under the care, custody, and control of
   31  the mover.
   32         Section 2. Subsections (1), (3), and (4) of section 507.03,
   33  Florida Statutes, are amended to read:
   34         507.03 Registration.—
   35         (1) Each mover and moving broker must annually register
   36  with the department, providing its legal business and trade
   37  name, mailing address, and business locations; the full names,
   38  addresses, and telephone numbers of its owners or corporate
   39  officers and directors and the Florida agent of the corporation;
   40  a statement whether it is a domestic or foreign corporation, its
   41  state and date of incorporation, its charter number, and, if a
   42  foreign corporation, the date it registered with the Department
   43  of State; the date on which the mover or broker registered its
   44  fictitious name if the mover or broker is operating under a
   45  fictitious or trade name; the name of all other corporations,
   46  business entities, and trade names through which each owner of
   47  the mover or broker operated, was known, or did business as a
   48  mover or moving broker within the preceding 5 years; and proof
   49  of the insurance or alternative coverages required under s.
   50  507.04.
   51         (3) Registration fees shall be calculated at the rate of
   52  $300 per year per mover or moving broker. All amounts collected
   53  shall be deposited by the Chief Financial Officer to the credit
   54  of the General Inspection Trust Fund of the department for the
   55  sole purpose of administration of this chapter.
   56         (4) A registration must be renewed biennially on or before
   57  its expiration date. In order to establish staggered expiration
   58  dates, the department may extend the expiration date of a
   59  registration for a period not to exceed 12 months. Any mover or
   60  moving broker whose principal place of business is located in a
   61  county or municipality that requires, by local ordinance, a
   62  local license or registration to engage in the business of
   63  moving and storage of household goods must obtain the license or
   64  registration from the county or municipality. A mover or broker
   65  that obtains a local license or registration must also pay the
   66  state registration fee under subsection (3).
   67         Section 3. Subsection (1) of section 507.07, Florida
   68  Statutes, is amended to read:
   69         507.07 Violations.—It is a violation of this chapter to:
   70         (1) Conduct business as a mover or moving broker, or
   71  advertise to engage in the business of moving or offering to
   72  move, without first being registered annually with the
   73  department.
   74         Section 4. Subsection (1) of section 507.13, Florida
   75  Statutes, is amended to read:
   76         507.13 Local regulation.—
   77         (1)(a) Except as provided in paragraphs (b) and (c), this
   78  chapter preempts a does not preempt local ordinance ordinances
   79  or regulation regulations of a county or municipality which
   80  regulates regulate transactions relating to movers of household
   81  goods or moving brokers.
   82         (b) This chapter does not preempt an ordinance or
   83  regulation originally enacted by a county before January 1,
   84  2011, or a subsequent amendment to such an ordinance or
   85  regulation. However, registration fees required by such an
   86  ordinance or regulation must be reasonable and may not exceed
   87  the cost of administering the ordinance or regulation. In
   88  addition, registration and bonding may be required only of a
   89  mover or moving broker whose principal place of business is
   90  located within that county’s jurisdiction.
   91         (c) This section does not preempt a local government’s
   92  authority to levy a local business tax pursuant to chapter 205.
   93  As provided in s. 507.03(4), counties and municipalities may
   94  require , levy, or collect any registration fee or tax or
   95  require the registration or bonding in any manner of any mover
   96  or moving broker.
   97         Section 5. This act shall take effect July 1, 2011.