Bill Text: FL S0304 | 2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Household Moving Services
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2024-04-03 - Chapter No. 2024-47 [S0304 Detail]
Download: Florida-2024-S0304-Introduced.html
Bill Title: Household Moving Services
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2024-04-03 - Chapter No. 2024-47 [S0304 Detail]
Download: Florida-2024-S0304-Introduced.html
Florida Senate - 2024 SB 304 By Senator Hooper 21-00170A-24 2024304__ 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 mover and 6 moving broker estimates, contracts, and 7 advertisements; conforming a cross-reference; revising 8 requirements relating to lists that moving brokers 9 must provide to the Department of Agriculture and 10 Consumer Services; requiring the department to publish 11 and maintain a specified list on its website; 12 prohibiting certain persons from operating as or 13 holding themselves out to be a mover or moving broker 14 without first registering with the department; 15 requiring the department to issue cease and desist 16 orders to certain persons under certain circumstances; 17 authorizing the department to seek an immediate 18 injunction under certain circumstances; making 19 technical changes; amending s. 507.04, F.S.; revising 20 alternative insurance coverage requirements for 21 movers; revising liability coverage requirements for 22 moving brokers; requiring the department to 23 immediately suspend a mover’s or moving broker’s 24 registration under certain circumstances; authorizing 25 the department to seek an immediate injunction under 26 certain circumstances; conforming cross-references; 27 amending s. 507.05, F.S.; revising requirements for 28 contracts and estimates for prospective shippers; 29 creating s. 507.056, F.S.; providing limitations and 30 prohibitions for moving brokers; requiring moving 31 brokers to make a specified disclosure to shippers 32 before providing any services; prohibiting moving 33 brokers’ fees from including certain costs; requiring 34 that the documents moving brokers provide to shippers 35 contain specified information; amending s. 507.07, 36 F.S.; providing that it is a violation of ch. 507, 37 F.S., for moving brokers to provide estimates or enter 38 into contracts or agreements that were not prepared 39 and signed or electronically acknowledged by a 40 registered mover; amending s. 507.09, F.S.; conforming 41 a cross-reference; requiring the department, upon 42 verification by certain entities, to immediately 43 suspend a registration or the processing of an 44 application for a registration in certain 45 circumstances; amending s. 507.10, F.S.; conforming a 46 cross-reference; amending s. 507.11, F.S.; conforming 47 provisions to changes made by the act; providing an 48 effective date. 49 50 Be It Enacted by the Legislature of the State of Florida: 51 52 Section 1. Subsections (4), (6), and (10) of section 53 507.01, Florida Statutes, are amended to read: 54 507.01 Definitions.—As used in this chapter, the term: 55 (4) “Contract for service” or “bill of lading” means a 56 written document prepared by a registered mover which is 57 approved and electronically acknowledged or signed by the 58 shipper in writing before the performance of any service by the 59 mover and which authorizesservices fromthe named mover to 60 performand liststhe services and lists all costs associated 61 with the household move and accessorial services to be 62 performed. 63 (6) “Estimate” means a written document prepared by a 64 registered mover whichthatsets forth the total costs and 65 describes the basis of those costs,relating to a shipper’s 66 household move, including, but not limited to, the loading, 67 transportation or shipment, and unloading of household goods and 68 accessorial services. 69 (10) “Moving broker” or “broker” means a person who, for 70 compensation, arranges with a registered mover for loading, 71 transporting or shipping, or unloading offor another person to72load, transport or ship, or unloadhousehold goods as part of a 73 household move or who, for compensation, refers a shipper to a 74 registered moverby telephone, postal or electronic mail,75Internet website, or other means. 76 Section 2. Present paragraph (b) of subsection (1) of 77 section 507.02, Florida Statutes, is redesignated as paragraph 78 (c), and a new paragraph (b) is added to that subsection, to 79 read: 80 507.02 Construction; intent; application.— 81 (1) This chapter shall be construed liberally to: 82 (b) Establish the law of this state governing the brokering 83 of moves of household goods by moving brokers. 84 Section 3. Subsections (1), (2), (5), (6), (7), (9), and 85 (11) of section 507.03, Florida Statutes, are amended, and 86 subsections (12) and (13) are added to that section, to read: 87 507.03 Registration.— 88 (1) Each mover and moving broker must register with the 89 department, providing its legal business and trade name, mailing 90 address, and business locations; the full names, addresses, and 91 telephone numbers of its owners,orcorporate officers, and 92 directors and the Florida agent of the corporation; a statement 93 whether it is a domestic or foreign corporation, its state and 94 date of incorporation, its charter number, and, if a foreign 95 corporation, the date it registered with the Department of 96 State; the date on which the mover or moving broker registered 97 its fictitious name if the mover or moving broker is operating 98 under a fictitious or trade name; the name of all other 99 corporations, business entities, and trade names through which 100 each owner of the mover or moving broker operated, was known, or 101 did business as a mover or moving broker within the preceding 5 102 years; and proof of the insurance or alternative coverages 103 required under s. 507.04. 104 (2) A certificate evidencing proof of registration shall be 105 issued by the department and must be prominently displayed in 106 the mover’s or moving broker’s primary place of business. 107 (5)(a) Each estimate or contract of a moveror moving108brokermust include the phrase “...(NAME OF FIRM)... is 109 registered with the State of Florida as a Moveror Moving110Broker. Fla. Mover Registration No. .....” 111 (b) Any document from a moving broker must include the 112 phrase “...(NAME OF FIRM)... is registered with the State of 113 Florida as a Moving Broker. Fla. Moving Broker Registration No. 114 .....” 115 (6)(a) Each advertisement of a moveror moving brokermust 116 include the phrase “Fla. Mover Reg. No. ....” or “Fla. IM No. 117 .....” Each of the mover’s vehicles must clearly and 118 conspicuously display a sign on the driver’s side door which 119 includes at least one of these phrases in lettering of at least 120 1.5 inches in height. 121 (b) Each advertisement of a moving broker must include the 122 phrase “Fla. Moving Broker Reg. No. ..... ...(NAME OF MOVING 123 BROKER)... is a moving broker. ...(NAME OF MOVING BROKER)... is 124 paid by a shipper to arrange, or offer to arrange, the 125 transportation of property by a registered mover.” 126 (7) A registration is not valid for any mover or moving 127 broker transacting business at any place other than that 128 designated in the mover’s or moving broker’s application, unless 129 the department is first notified in writing before any change of 130 location. A registration issued under this chapter is not 131 assignable, and the mover or moving broker may not conduct 132 business under more than one name except as registered. A mover 133 or moving broker desiring to change its registered name or 134 location or designated agent for service of process at a time 135 other than upon renewal of registration must notify the 136 department of the change. 137 (9) The department shall deny or refuse to renew the 138 registration of a mover or a moving broker or deny a 139 registration or renewal request by any of the mover’s or moving 140 broker’s directors, officers, owners, or general partners if the 141 mover or moving broker has not satisfied a civil penalty or 142 administrative fine for a violation of s. 507.07(10)s.143507.07(9). 144 (11)At the request of the department,Each moving broker 145 shall provide the department with a complete list of the 146 registered movers that the moving broker has contracted or is 147 affiliated with, advertises on behalf of, arranges moves for, or 148 refers shippers to, including each mover’s complete name, 149 address, telephone number,ande-mail address, and registration 150 number and the name of each mover’s owners, corporate officers, 151 and directorsowner or other principal. A moving broker must 152 notify the department of any changes to the provided 153 information. The department shall publish and maintain on its 154 website a list of all moving brokers and the registered movers 155 each moving broker is contracted with. 156 (12) A person required to register pursuant to this section 157 may not operate as or hold itself out to be a mover or moving 158 broker without first registering with the department pursuant to 159 this section. 160 (13) The department must immediately issue a cease and 161 desist order to a person upon finding that the person is 162 operating as a mover or a moving broker without registering 163 pursuant to this section. In addition, and notwithstanding the 164 availability of any administrative relief under chapter 120, the 165 department may seek from the appropriate circuit court an 166 immediate injunction prohibiting the person from operating in 167 this state until the person complies with this section and pays 168 a civil penalty not to exceed $5,000 and court costs. 169 Section 4. Present subsections (3), (4), and (5) of section 170 507.04, Florida Statutes, are redesignated as subsections (4), 171 (5), and (6), respectively, a new subsection (3) is added to 172 that section, and subsection (1) and present subsections (4) and 173 (5) of that section are amended, to read: 174 507.04 Required insurance coverages; liability limitations; 175 valuation coverage.— 176 (1) LIABILITY INSURANCE.— 177 (a)1. Except as provided in paragraph (b), each mover 178 operating in this state must maintain current and valid 179 liability insurance coverage of at least $10,000 per shipment 180 for the loss or damage of household goods resulting from the 181 negligence of the mover or its employees or agents. 182 2. The mover must provide the department with evidence of 183 liability insurance coverage before the mover is registered with 184 the department under s. 507.03. All insurance coverage 185 maintained by a mover must remain in effect throughout the 186 mover’s registration period. A mover’s failure to maintain 187 insurance coverage in accordance with this paragraph constitutes 188 an immediate threat to the public health, safety, and welfare. 189 (b) A mover that operates two or fewer vehicles, in lieu of 190 maintaining the liability insurance coverage required under 191 paragraph (a), may, and each moving broker must,maintain one of 192 the following alternative coverages: 193 1. A performance bond in the amount of $50,000$25,000, for 194 which the surety of the bond must be a surety company authorized 195 to conduct business in this state; or 196 2. A certificate of deposit in a Florida banking 197 institution in the amount of $50,000$25,000. 198 (c) A moving broker must maintain one of the following 199 coverages: 200 1. A performance bond in the amount of $50,000, for which 201 the surety of the bond must be a surety company authorized to 202 conduct business in this state; or 203 2. A certificate of deposit in a Florida banking 204 institution in the amount of $50,000. 205 206 The original bond or certificate of deposit must be filed with 207 the department and must designate the department as the sole 208 beneficiary. The department must use the bond or certificate of 209 deposit exclusively for the payment of claims to consumers who 210 are injured by the fraud, misrepresentation, breach of contract, 211 misfeasance, malfeasance, or financial failure of the mover or 212 moving broker or by a violation of this chapter by the mover or 213 moving broker. Liability for these injuries may be determined in 214 an administrative proceeding of the department or through a 215 civil action in a court of competent jurisdiction. However, 216 claims against the bond or certificate of deposit must only be 217 paid, in amounts not to exceed the determined liability for 218 these injuries, by order of the department in an administrative 219 proceeding. The bond or certificate of deposit is subject to 220 successive claims, but the aggregate amount of these claims may 221 not exceed the amount of the bond or certificate of deposit. 222 (3) REGISTRATION SUSPENSION.—The department must 223 immediately suspend a mover’s or moving broker’s registration if 224 the mover or moving broker fails to maintain the performance 225 bond or certificate of deposit required under subsection (1) or 226 the insurance required under subsection (2), and the mover or 227 moving broker must immediately cease operating as a mover or 228 moving broker in this state. In addition, and notwithstanding 229 the availability of any administrative relief pursuant to 230 chapter 120, the department may seek from a circuit court an 231 immediate injunction prohibiting the mover or moving broker from 232 operating in this state until the mover or moving broker 233 complies with subsections (1) and (2) and pays a civil penalty 234 not to exceed $5,000 and court costs. 235 (5)(4)LIABILITY LIMITATIONS; VALUATION RATES.—A mover may 236 not limit its liability for the loss or damage of household 237 goods to a valuation rate that is less than 60 cents per pound 238 per article. A provision of a contract for moving services is 239 void if the provision limits a mover’s liability to a valuation 240 rate that is less than the minimum rate under this subsection. 241 If a mover limits its liability for a shipper’s goods, the mover 242 must disclose the limitation, including the valuation rate, to 243 the shipper in writing at the time that the estimate and 244 contract for services are executed and before any moving or 245 accessorial services are provided. The disclosure must also 246 inform the shipper of the opportunity to purchase valuation 247 coverage if the mover offers that coverage under subsection (6) 248(5). 249 (6)(5)VALUATION COVERAGE.—A mover may offer valuation 250 coverage to compensate a shipper for the loss or damage of the 251 shipper’s household goods that are lost or damaged during a 252 household move. If a mover offers valuation coverage, the 253 coverage must indemnify the shipper for at least the minimum 254 valuation rate required under subsection (5)(4). The mover must 255 disclose the terms of the coverage to the shipper in writing at 256 the time that the estimate and contract for services are 257 executed and before any moving or accessorial services are 258 provided. The disclosure must inform the shipper of the cost of 259 the valuation coverage, the valuation rate of the coverage, and 260 the opportunity to reject the coverage. If valuation coverage 261 compensates a shipper for at least the minimum valuation rate 262 required under subsection (5)(4), the coverage satisfies the 263 mover’s liability for the minimum valuation rate. 264 Section 5. Section 507.05, Florida Statutes, is amended to 265 read: 266 507.05 Estimates and contracts for service.—Before 267 providing any moving or accessorial services, an estimate and a 268 contractand estimatemust be prepared by a registered mover and 269 provided to a prospective shipper in writing, and the shipper, 270 the mover, and, if applicable, the moving broker must sign or 271 electronically acknowledge and date the estimate and contract. 272 At a minimum, the estimate and contract for servicemust be273signed and dated by the shipper and the mover, andmust include: 274 (1) The name, telephone number, and physical address where 275 the mover’s and, if applicable, the moving broker’s employees 276 are available during normal business hours. 277 (2) The date the estimate and contract wereorestimate is278 prepared by the mover and theanyproposed date or dates of the 279 shipper’s household move, including, but not limited to, 280 loading, transportation, shipment, and unloading of household 281 goods and accessorial services. 282 (3) The name and address of the shipper, the addresses 283 where the articles are to be picked up and delivered, and a 284 telephone number where the shipper may be reached. 285 (4) The name, telephone number, and physical address of the 286anylocation where the household goods will be held pending 287 further transportation, including situations in whichwherethe 288 mover retains possession of household goods pending resolution 289 of a fee dispute with the shipper. 290 (5) An itemized breakdown and description and total of all 291 costs and services for loading, transportation or shipment, 292 unloading, and accessorial services to be provided during a 293 household move or storage of household goods, including the fees 294 of a moving broker, if used. 295 (6) Acceptable forms of payment, which must be clearly and 296 conspicuously disclosed to the shipper on the binding estimate 297 and the contract for services. A mover mustshallaccept at 298 leasta minimum oftwo of the three following forms of payment: 299 (a) Cash, cashier’s check, money order, or traveler’s 300 check; 301 (b) Valid personal check, showing upon its face the name 302 and address of the shipper or authorized representative; or 303 (c) Valid credit card, which shall include, but not be 304 limited to, Visa or MasterCard. 305 306 A mover must clearly and conspicuously disclose to the shipper 307 in the estimate and contract for services the forms of payments 308 the mover will accept, including the forms of payment described 309 in paragraphs (a)-(c). 310 Section 6. Section 507.056, Florida Statutes, is created to 311 read: 312 507.056 Moving brokers; services.— 313 (1) A moving broker may only arrange with a registered 314 mover for the loading, transportation or shipment, or unloading 315 of household goods as part of a household move or refer a 316 shipper to a registered mover. Moving brokers may not give a 317 verbal estimate or prepare a written estimate or contract for 318 services which sets forth the total costs and describes the 319 basis of those costs relating to a shipper’s household move, 320 including, but not limited to, the loading, transportation or 321 shipment, or unloading of household goods and accessorial 322 services. 323 (2) Before providing any service to a prospective shipper, 324 a moving broker must disclose to the shipper that the broker may 325 only arrange, or offer to arrange, the transportation of 326 property by a registered mover. A moving broker’s fees may not 327 include the cost of the shipper’s household move, including, but 328 not limited to, the loading, transportation or shipment, or 329 unloading of household goods and accessorial services. Any 330 document provided to a shipper by a moving broker must include 331 all of the following: 332 (a) The name of the moving broker and the moving broker’s 333 registration number. 334 (b) The following statement displayed at the top of the 335 document: “...(Name of Moving Broker)... is not a mover. 336 ...(Name of Moving Broker)... is paid by the shipper to arrange, 337 or offer to arrange, the transportation of property by a 338 registered mover. The moving broker’s fees do not include the 339 cost of the shipper’s household move, including, but not limited 340 to, the loading, transportation or shipment, or unloading of 341 household goods and accessorial services.” 342 (c) The name, telephone number, and physical address where 343 the moving broker’s employees are available during normal 344 business hours. 345 (d) An itemized breakdown, description, and total of all 346 fees the moving broker charges to arrange with a registered 347 mover for the loading, transportation or shipment, or unloading 348 of household goods as part of a household move or to refer the 349 shipper to a registered mover. 350 (e) A list of all of the registered movers the moving 351 broker has contracted with or is affiliated with, advertises on 352 behalf of, arranges moves for, or refers shippers to, including 353 each mover’s complete name, address, telephone number, e-mail 354 address, and Florida Intrastate Registration Number and the name 355 of each mover’s owners, corporate officers, and directors. 356 (f) A list of acceptable forms of payment, which must 357 include all of the forms of payment listed in at least two of 358 the following subparagraphs: 359 1. Cash, cashier’s check, money order, or traveler’s check. 360 2. Valid personal check, showing upon its face the name and 361 address of the shipper or authorized representative. 362 3. Valid credit card, including, but not limited to, Visa 363 or MasterCard. 364 Section 7. Present subsections (8) and (9) of section 365 507.07, Florida Statutes, are redesignated as subsections (9) 366 and (10), respectively, and a new subsection (8) is added to 367 that section, to read: 368 507.07 Violations.—It is a violation of this chapter: 369 (8) For a moving broker to provide an estimate or enter 370 into a contract or agreement for moving, loading, shipping or 371 transporting, or unloading services with a shipper which was not 372 prepared and electronically acknowledged or signed by a mover 373 who is registered with the department pursuant to this chapter. 374 Section 8. Section 507.09, Florida Statutes, is amended to 375 read: 376 507.09 Administrative remedies; penalties.— 377 (1) The department may enter an order doing one or more of 378 the following if the department finds that a mover or moving 379 broker, or a person employed or contracted by a mover or moving 380 broker, has violated or is operating in violation of this 381 chapter or the rules or orders issued pursuant to this chapter: 382 (a) Issuing a notice of noncompliance under s. 120.695. 383 (b) Imposing an administrative fine in the Class II 384 category pursuant to s. 570.971 for each act or omission. 385 However, the department must impose an administrative fine in 386 the Class IV category for each violation of s. 507.07(10)s.387507.07(9)if the department does not seek a civil penalty for 388 the same offense. 389 (c) Directing that the person cease and desist specified 390 activities. 391 (d) Refusing to register or revoking or suspending a 392 registration. 393 (e) Placing the registrant on probation, subject to the 394 conditions specified by the department. 395 (2) The department, upon notification and subsequent 396 written verification by a law enforcement agency, a court, a 397 state attorney, or the Department of Law Enforcement, must 398 immediately suspend a registration or the processing of an 399 application for a registration if the registrant, applicant, or 400 officer or director of the registrant or applicant is formally 401 charged with a crime involving fraud, theft, larceny, 402 embezzlement, or fraudulent conversion or misappropriation of 403 property or a crime arising from conduct during a movement of 404 household goods until final disposition of the case or removal 405 or resignation of that officer or director. 406 (3) The administrative proceedings thatwhichcould result 407 in the entry of an order imposing any of the penalties specified 408 in subsection (1) or subsection (2) are governed by chapter 120. 409 (4)(3)The department may adopt rules under ss. 120.536(1) 410 and 120.54 to administer this chapter. 411 Section 9. Subsection (2) of section 507.10, Florida 412 Statutes, is amended to read: 413 507.10 Civil penalties; remedies.— 414 (2) The department may seek a civil penalty in the Class II 415 category pursuant to s. 570.971 for each violation of this 416 chapter. However, the department must seek a civil penalty in 417 the Class IV category for each violation of s. 507.07(10)s.418507.07(9)if the department does not impose an administrative 419 fine for the same offense. 420 Section 10. Subsection (1) of section 507.11, Florida 421 Statutes, is amended to read: 422 507.11 Criminal penalties.— 423 (1) The refusal of a mover or a mover’s employee, agent, or 424 contractor to comply with an order from a law enforcement 425 officer to relinquish a shipper’s household goods after the 426 officer determines that the shipper has tendered payment of the 427 amount of a written estimate or contract, and, if applicable, 428 amendments to the contract for services reflecting the price 429 adjustment signed by the shipper or after the officer determines 430 that the mover did not produce a signed or electronically 431 acknowledged binding estimate or contract for service and, if 432 applicable, amendments to the contract for services reflecting 433 the price adjustment signed by the shipper upon which demand is 434 being made for payment, is a felony of the third degree, 435 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 436 A mover’s compliance with an order from a law enforcement 437 officer to relinquish goods to a shipper is not a waiver or 438 finding of fact regarding any right to seek further payment from 439 the shipper. 440 Section 11. This act shall take effect July 1, 2024.