Bill Text: FL S0798 | 2015 | Regular Session | Engrossed

Florida Senate Bill 798 (Prior Session Legislation)

Bill Title: Household Moving Services

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Engrossed - Dead) 2015-04-28 - Died on Calendar [S0798 Detail]

Download: Florida-2015-S0798-Engrossed.html
       CS for CS for SB 798                             First Engrossed
       
       
       
       
       
       
       
       
       2015798e1
       
    1                        A bill to be entitled                      
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    3          Be It Enacted by the Legislature of the State of Florida:Section 1. Section 507.01, Florida Statutes, is reordered and amended to read:507.01 Definitions.—As used in this chapter, the term:(1) “Accessorial services” means any service performed by a mover which results in a charge to the shipper and is incidental to the transportation or shipment of household goods, including, but not limited to, valuation coverage; preparation of written inventory; equipment, including dollies, hand trucks, pads, blankets, and straps; storage, packing, unpacking, or crating of articles; hoisting or lowering; waiting time; carrying articles excessive distances to or from the mover’s vehicle, which may be cited as “long carry”; overtime loading and unloading; reweighing; disassembly or reassembly; elevator or stair carrying; boxing or servicing of appliances; and furnishing of packing or crating materials. The term includes services not performed by the mover but performed by a third party at the request of the shipper or mover, if the charges for these services are to be paid to the mover by the shipper at or before the time of delivery.(2) “Additional services” means any additional transportation of household goods which is performed by a mover, is not specifically included in a binding estimate or contract, and results in a charge to the shipper.(3)(2) “Advertise” means to advise, announce, give notice of, publish, or call attention by use of oral, written, or graphic statement made in a newspaper or other publication or on radio or television, any electronic medium, or contained in any notice, handbill, sign, including signage on vehicle, flyer, catalog or letter, or printed on or contained in any tag or label attached to or accompanying any good.(4) “Binding estimate” means a written or electronic document that specifies the total cost of a move, including, but not limited to, the loading, transportation or shipment, and unloading of household goods and accessorial services the shipper must pay for the complete move of his or her household goods.(5)(3) “Compensation” means money, fee, emolument, quid pro quo, barter, remuneration, pay, reward, indemnification, or satisfaction.(6)(4) “Contract for service” or “bill of lading” means a written document approved by the shipper in writing before the performance of any service which authorizes services from the named mover and lists the services and all costs associated with the household move and accessorial services to be performed.(7)(5) “Department” means the Department of Agriculture and Consumer Services.(6) “Estimate” means a written document that sets forth the total costs and describes the basis of those costs, relating to a shipper’s household move, including, but not limited to, the loading, transportation or shipment, and unloading of household goods and accessorial services.(8)(7) “Household goods” or “goods” means personal effects or other personal property commonly found in a home, personal residence, or other dwelling, including, but not limited to, household furniture. The term does not include freight or personal property moving to or from a factory, store, or other place of business.(9)(8) “Household move” or “move” means the loading of household goods into a vehicle, moving container, or other mode of transportation or shipment; the transportation or shipment of those household goods; and the unloading of those household goods, when the transportation or shipment originates and terminates at one of the following ultimate locations, regardless of whether the mover temporarily stores the goods while en route between the originating and terminating locations:(a) From one dwelling to another dwelling;(b) From a dwelling to a storehouse or warehouse that is owned or rented by the shipper or the shipper’s agent; or(c) From a storehouse or warehouse that is owned or rented by the shipper or the shipper’s agent to a dwelling.(10) “Impracticable operations” means operations of the mover which are necessary to complete the move due to substantial and unforeseen conditions arising after execution of a contract for household services. Such conditions must make it impractical for a mover to perform pickup or delivery services for a household move as originally provided in the contract.(11)(9) “Mover” means a person who, for compensation, contracts for or engages in the loading, transportation or shipment, or unloading of household goods as part of a household move. The term does not include a postal, courier, envelope, or package service that, or a personal laborer who, does not advertise itself as a mover or moving service.(12)(10) “Moving broker” or “broker” means a person who, for compensation, arranges for another person to load, transport or ship, or unload household goods as part of a household move or who, for compensation, refers a shipper to a mover by telephone, postal or electronic mail, Internet website, or other means.(13)(11) “Moving container” means a receptacle holding at least 200 cubic feet of volume which is used to transport or ship household goods as part of a household move.(14) “Personal laborer” means an individual hired directly by the shipper to assist in the loading and unloading of the shipper’s own household goods. The term does not include any individual who has contracted with or is compensated by a third-party or whose services are brokered as part of a household move.(15)(12) “Shipper” means a person who uses the services of a mover to transport or ship household goods as part of a household move.(16)(13) “Storage” means the temporary warehousing of a shipper’s goods while under the care, custody, and control of the mover.Section 2. Subsection (3) of section 507.02, Florida Statutes, is amended to read:507.02 Construction; intent; application.—(3) This chapter is intended to provide consistency and transparency in moving practices and to create the presumption that movers of household goods will make necessary disclosures and educate uninformed shippers in order to secure the satisfaction and confidence of shippers and members of the public when using a mover.Section 3. Subsection (8) of section 507.03, Florida Statutes, is amended to read:507.03 Registration.—(8) The department may deny, refuse to renew, or revoke the registration of any mover or moving broker based upon a determination that the mover or moving broker, or any of the mover’s or moving broker’s directors, officers, owners, or general partners:(a) Has failed to meet the requirements for registration as provided in this chapter;(b) Has been convicted of a crime involving fraud, theft, larceny, embezzlement, or fraudulent conversion or misappropriation of property or a crime arising from conduct during a movement of household goods dishonest dealing, or any other act of moral turpitude;(c) Has not satisfied a civil fine or penalty arising out of any administrative or enforcement action brought by any governmental agency or private person based upon conduct involving fraud, theft, dishonest dealing, or any violation of this chapter;(d) Has pending against him or her any criminal, administrative, or enforcement proceedings in any jurisdiction, based upon conduct involving fraud, theft, larceny, embezzlement, or fraudulent conversion or misappropriation of property or a crime arising from conduct during a movement of household goods dishonest dealing, or any other act of moral turpitude; or(e) Has had a judgment entered against him or her in any action brought by the department or the Department of Legal Affairs under this chapter or ss. 501.201-501.213, the Florida Deceptive and Unfair Trade Practices Act.Section 4. Subsections (1), (3), (4), and (5) of section 507.04, Florida Statutes, are amended to read:507.04 Required insurance coverages; liability limitations; valuation coverage.—(1) CARGO LIABILITY INSURANCE.—(a)1. Except as provided in paragraph (b), each mover operating in this state must maintain current and valid cargo liability insurance coverage of at least $10,000 per shipment for the loss or damage of household goods resulting from the negligence of the mover or its employees or agents.2. The mover must provide the department with evidence of liability insurance coverage before the mover is registered with the department under s. 507.03. All insurance coverage maintained by a mover must remain in effect throughout the mover’s registration period. A mover’s failure to maintain insurance coverage in accordance with this paragraph constitutes an immediate threat to the public health, safety, and welfare. If a mover fails to maintain insurance coverage, the department may immediately suspend the mover’s registration or eligibility for registration, and the mover must immediately cease operating as a mover in this state. In addition, and notwithstanding the availability of any administrative relief pursuant to chapter 120, the department may seek from the appropriate circuit court an immediate injunction prohibiting the mover from operating in this state until the mover complies with this paragraph, a civil penalty not to exceed $5,000, and court costs.(b) A mover that operates two or fewer vehicles, in lieu of maintaining the cargo liability insurance coverage required under paragraph (a), may, and each moving broker must, maintain one of the following alternative coverages:1. A performance bond in the amount of $25,000, for which the surety of the bond must be a surety company authorized to conduct business in this state; or2. A certificate of deposit in a Florida banking institution in the amount of $25,000.The original bond or certificate of deposit must be filed with the department and must designate the department as the sole beneficiary. The department must use the bond or certificate of deposit exclusively for the payment of claims to consumers who are injured by the fraud, misrepresentation, breach of contract, misfeasance, malfeasance, or financial failure of the mover or moving broker or by a violation of this chapter by the mover or broker. Liability for these injuries may be determined in an administrative proceeding of the department or through a civil action in a court of competent jurisdiction. However, claims against the bond or certificate of deposit must only be paid, in amounts not to exceed the determined liability for these injuries, by order of the department in an administrative proceeding. The bond or certificate of deposit is subject to successive claims, but the aggregate amount of these claims may not exceed the amount of the bond or certificate of deposit.(3) INSURANCE COVERAGES.—The insurance coverages required under paragraph (1)(a) and subsection (2) must be issued by an insurance company or carrier licensed to transact business in this state under the Florida Insurance Code as designated in s. 624.01. The department shall require a mover to present a certificate of insurance of the required coverages before issuance or renewal of a registration certificate under s. 507.03. The department shall be named as a certificateholder in the certificate and must be notified at least 10 days before cancellation of insurance coverage. A mover’s failure to maintain insurance coverage constitutes an immediate threat to the public health, safety, and welfare. If a mover fails to maintain insurance coverage, the department may immediately suspend the mover’s registration or eligibility for registration, and the mover must immediately cease operating as a mover in this state. In addition, and notwithstanding the availability of any administrative relief pursuant to chapter 120, the department may seek from the appropriate circuit court an immediate injunction prohibiting the mover from operating in this state until the mover complies with this paragraph. The mover may also be assessed a civil penalty not to exceed $5,000 and court costs.(4) INDEMNIFICATION LIABILITY LIMITATIONS; VALUATION RATES.—A mover may not limit its liability for the loss or damage of household goods to a valuation rate that is less than 60 cents per pound per article. A provision of a contract for moving services is void if the provision limits a mover’s liability to a valuation rate that is less than the minimum rate under this subsection. If a mover limits its liability for a shipper’s goods, the mover must disclose the limitation, including the valuation rate, to the shipper in writing at the time that the estimate and contract for services are executed and before any moving or accessorial services are provided. The disclosure must also inform the shipper of the opportunity to purchase valuation coverage if the mover offers that coverage under subsection (5).(5) VALUATION COVERAGE.—A mover shall indemnify may offer valuation coverage to compensate a shipper for the full replacement value loss or damage of the shipper’s household goods that are lost or damaged by the mover during a household move. The shipper may waive or amend the indemnification, and the waiver must be made by a signed or electronic acknowledgment in the contract If a mover offers valuation coverage, the coverage must indemnify the shipper for at least the minimum valuation rate required under subsection (4). The mover must disclose the terms of the indemnification coverage to the shipper in writing in at the time that the binding estimate and again when the contract for services is are executed and before any moving or accessorial services are provided. The disclosure must inform the shipper of the cost of the valuation coverage, the valuation rate of the coverage, and the opportunity to reject the coverage. If valuation coverage compensates a shipper for at least the minimum valuation rate required under subsection (4), the coverage satisfies the mover’s liability for the minimum valuation rate.Section 5. Section 507.05, Florida Statutes, is amended to read:507.05 Physical surveys, binding estimates, and contracts for service.—Before providing any moving or accessorial services, a contract and estimate must be provided to a prospective shipper in writing, must be signed and dated by the shipper and the mover, and must include:(1) PHYSICAL SURVEY.—A mover must conduct a physical survey of the household goods to be moved and provide the prospective shipper with a binding estimate of the cost of the move.(2) WAIVER OF SURVEY.—A shipper may elect to waive the physical survey, and such waiver must be in writing and signed or electronically acknowledged by the shipper before provision or waiver of the binding estimate by the shipper. The mover shall retain a copy of the waiver as an addendum to the contract for service.(3) BINDING ESTIMATE.—Before executing a contract for service for a household move, and at least 48 hours before the scheduled time and date of a shipment of household goods, a mover must provide a binding estimate. The binding estimate shall be based on a physical survey conducted under subsection (1), unless waived pursuant to subsection (2).(a) The shipper may waive the binding estimate if the waiver is made by signed or electronic acknowledgment before the commencement of the 48-hour period before the household goods are loaded. The mover shall retain a copy of the waiver as an addendum to the contract for services. To be enforceable, a waiver executed under this paragraph must, at a minimum, include a statement in uppercase type that is at least 5 points larger than, and clearly distinguishable from, the rest of the text of the waiver or release containing the statement. The exact statement to be included in a waiver of a binding estimate to be used by all movers shall be determined by the department in rulemaking and must include a delineation of the specific rights that a shipper may lose by waiving the binding estimate.(b) The shipper may also waive the 48-hour period if the moving services requested commence within 48 hours of the shipper’s initial contact with the mover contracted to perform the moving services.(c) At a minimum, the binding estimate must include all of the following:1. The table of measures or hourly quotation used by the mover or the mover’s agent in preparing the binding estimate.2. The date the binding estimate was prepared and the proposed date of the move, if any.3. An itemized breakdown and description of services, and the total cost to the shipper of loading, transporting or shipping, unloading, and accessorial services.4. A statement that the estimate is binding on the mover and the shipper and that the charges shown apply only to those services specifically identified in the estimate.5. Identification of acceptable forms of payment.(d) The binding estimate must be signed or electronically acknowledged by the mover and the shipper, and a copy must be provided to the shipper by the mover at the time that the binding estimate is signed or electronically acknowledged.(e) A binding estimate may only be amended by the mover before the scheduled loading of household goods for shipment when the shipper has requested additional services of the mover not previously disclosed in the original binding estimate, or upon mutual agreement of the mover and the shipper. Once a mover begins to load the household goods for a move, failure to execute a new binding estimate signifies the mover has reaffirmed the original binding estimate.(f) A mover may not collect more than the amount of the binding estimate unless:1. The shipper waives receipt of a binding estimate under this subsection.2. The shipper tenders additional household goods, requests additional services, or requires services that are not specifically included in the binding estimate, in which case the mover may execute an addendum to the binding estimate describing the additional household goods or need for additional services and the associated charges in writing. The mover must allow the shipper at least 1 hour to determine whether to execute the addendum. The mover may require full payment at the destination for the costs associated with the additional requested services as provided in the addendum to the binding estimate. If the shipper refuses to execute the addendum, the mover may refuse to ship the additional goods or perform the additional services requested.3. The mover advises the shipper, in advance of performance, that impracticable operations are essential to properly perform the move. The mover must allow the shipper at least 1 hour to determine whether to authorize the additional services.a. If the shipper agrees to pay for the impracticable operations, the mover must execute a written addendum to the contract for services, which must be signed or electronically acknowledged by the shipper. The addendum may be delivered to the shipper by personal delivery, facsimile, e-mail, overnight courier, or certified mail, with return receipt requested. The mover must bill the shipper for the agreed upon additional services within 15 days after the delivery of those additional services pursuant to s. 507.065.b. If the shipper does not agree to pay for the additional services, the mover may perform and, pursuant to s. 507.06, bill the shipper for those additional services necessary to complete the delivery. It is the mover’s burden to show that the impracticable operations were necessary to properly perform the move.(g) A mover shall retain a copy of the binding estimate and any addendums thereto for each move performed for at least 1 year after its preparation date as an attachment to the contract for service.(4) CONTRACT FOR SERVICE.—Before providing any moving or accessorial services, a mover must provide a contract for service to the shipper, which the shipper must sign or electronically acknowledge and date.(a) At a minimum, the contract for service must include:1.(1) The name, telephone number, and physical address where the mover’s employees are available during normal business hours.2.(2) The date the contract was or estimate is prepared and the any proposed date of the move, if any.3.(3) The name and address of the shipper, the addresses where the articles are to be picked up and delivered, and a telephone number where the shipper may be reached.4.(4) The name, telephone number, and physical address of any location where the household goods will be held pending further transportation, including situations in which where the mover retains possession of household goods pending resolution of a fee dispute with the shipper.5.(5) A binding estimate provided in accordance with subsection (3) An itemized breakdown and description and total of all costs and services for loading, transportation or shipment, unloading, and accessorial services to be provided during a household move or storage of household goods.6. The total charges owed by the shipper based on the binding estimate and the terms and conditions for their payment, including any required minimum payment.7. If the household goods are transported under an agreement to collect payment upon delivery, the maximum payment that the mover may demand at the time of delivery.8.(6) Acceptable forms of payment, which must be clearly and conspicuously disclosed to the shipper on the binding estimate and the contract for services. A mover must shall accept at least a minimum of two of the three following forms of payment:a.(a) Cash, cashier’s check, money order, or traveler’s check;b.(b) Valid personal check, showing upon its face the name and address of the shipper or authorized representative; orc.(c) Valid credit card, which shall include, but not be limited to, Visa or MasterCard.A mover must clearly and conspicuously disclose to the shipper in the estimate and contract for services the forms of payments the mover will accept, including the forms of payment described in paragraphs (a)-(c).(b) Each addendum to the contract for service is an integral part of the contract.(c) A copy of the contract for service must accompany the household goods whenever they are in the mover’s or the mover’s agent’s possession. Before a vehicle that is being used for the move leaves the point of origin, the driver responsible for the move must have the contract for service in his or her possession.(d) A mover shall retain a contract for service for each move it performs for at least 1 year after the date the contract for service was signed or electronically acknowledged.Section 6. Section 507.054, Florida Statutes, is created to read:507.054 Publication.—(1) The department shall prepare a publication that includes a summary of the rights and responsibilities of, and remedies available to movers and shippers under this chapter. The publication must include a statement that a mover’s failure to relinquish household goods as required by this chapter constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, that any other violation of this chapter constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and that any violation of this chapter constitutes a violation of the Florida Deceptive and Unfair Trade Practices Act. The publication must also include a notice to the shipper about the potential risks of shipping sentimental or family heirloom items. The department shall make the publication available to the public on the department’s website.(2) A mover must provide an electronic or hard copy of the department’s publication to shippers at the physical survey, or if the physical survey is timely waived by the shipper, before contracting for the household move.(3) A mover may customize the color, design, and dimension of the front and back covers of the standard department publication. If the mover customizes the publication, the customized publication must include the content specified in subsection (1) and meet the following requirements:(a) The font size used must be at least 10 points, with the exception that the following must appear prominently on the front cover in at least 12-point boldface type: “Your Rights and Responsibilities When You Move. Furnished by Your Mover, as Required by Florida Law.”(b) The size of the booklet must be at least 36 square inches.(4) The shipper must acknowledge receipt of the electronic or hard copy of the publication by signed or electronic acknowledgment in the contract.Section 7. Section 507.055, Florida Statutes, is created to read:507.055 Required disclosure and acknowledgment of rights and remedies.—Before executing a contract for service for a move, a mover must provide to a prospective shipper all of the following:(1) The publication required under s. 507.054.(2) A concise, easy-to-read, and accurate binding estimate required under s. 507.05(3).Section 8. Subsections (1) and (3) of section 507.06, Florida Statutes, are amended, and subsection (4) is added to that section, to read:507.06 Delivery and storage of household goods.—(1) On the agreed upon delivery date or within the timeframe specified in the contract for service, a mover must relinquish household goods to a shipper and must place the household goods inside a shipper’s dwelling or, if directed by the shipper, inside a storehouse or warehouse that is owned or rented by the shipper or the shipper’s agent, unless the shipper has not tendered payment pursuant to s. 507.065 in the amount specified in a written contract or estimate signed and dated by the shipper. This requirement may be waived by the shipper. A mover may not, under any circumstances, refuse to relinquish prescription medicines and household goods for use by children, including children’s furniture, clothing, or toys, under any circumstances.(3) A mover that lawfully fails to relinquish a shipper’s household goods may place the goods in storage until payment in accordance with s. 507.065 is tendered; however, the mover must notify the shipper of the location where the goods are stored and the amount due within 5 days after receipt of a written request for that information from the shipper, which request must include the address where the shipper may receive the notice. A mover may not require a prospective shipper to waive any rights or requirements under this section.(4) If a mover becomes aware that it will be unable to perform either the pickup or the delivery of household goods on the date agreed upon or during the timeframe specified in the contract for service due to circumstances not anticipated by the contract, the mover shall notify the shipper of the delay and advise the shipper of the amended date or timeframe within which the mover expects to pick up or deliver the household goods in a timely manner.Section 9. Section 507.065, Florida Statutes, is created to read:507.065 Payment.—(1) Except as provided in s. 507.05(3), the maximum amount that a mover may charge before relinquishing household goods to a shipper is the exact amount of the binding estimate, unless waived by the shipper.(2) A mover must bill a shipper for any charges assessed under this chapter which are not collected upon delivery of household goods at their destination within 15 days after such delivery. A mover may assess a late fee for any uncollected charges if the shipper fails to make payment within 30 days after receipt of the bill.Section 10. Subsections (1), (4), and (5) and paragraphs (a) and (b) of subsection (6) of section 507.07, Florida Statutes, are amended to read:507.07 Violations.—It is a violation of this chapter:(1) To operate conduct business as a mover or moving broker, or advertise to engage in violation the business of moving or fail to comply with ss. 507.03-507.10, or any other requirement under this chapter offering to move, without being registered with the department.(4) To increase the contracted cost fail to honor and comply with all provisions of the contract for moving services in any way other than provided for in this chapter or bill of lading regarding the purchaser’s rights, benefits, and privileges thereunder.(5) To withhold delivery of household goods or in any way hold household goods in storage against the expressed wishes of the shipper if payment has been made as delineated in the binding estimate or contract for services, or pursuant to this chapter.(6)(a) To include in any contract any provision purporting to waive or limit any right or benefit provided to shippers under this chapter.(a)(b) Unless expressly authorized by this chapter, to seek or solicit a waiver or acceptance of limitation from a shipper concerning rights or benefits provided under this chapter.Section 11. Section 507.09, Florida Statutes, is amended to read:507.09 Administrative remedies; penalties.—(1) The department may enter an order doing one or more of the following if the department finds that a mover or moving broker, or a person employed or contracted by a mover or broker, has violated or is operating in violation of this chapter or the rules or orders issued pursuant to this chapter:(a) Issuing a notice of noncompliance under s. 120.695.(b) Imposing an administrative fine in the Class II category pursuant to s. 570.971 for each act or omission.(c) Directing that the person cease and desist specified activities.(d) Refusing to register or revoking or suspending a registration.(e) Placing the registrant on probation, subject to the conditions specified by the department.(2) The department shall, upon notification and subsequent written verification by a law enforcement agency, a court, a state attorney, or the Department of Law Enforcement, immediately suspend a registration or the processing of an application for a registration if the registrant, applicant, or an officer or director of the registrant or applicant is formally charged with a crime involving fraud, theft, larceny, embezzlement, or fraudulent conversion or misappropriation of property or a crime arising from conduct during a movement of household goods until final disposition of the case or removal or resignation of that officer or director.(3) The administrative proceedings that which could result in the entry of an order imposing any of the penalties specified in subsection (1) or subsection (2) are governed by chapter 120.(3) The department may adopt rules under ss. 120.536(1) and 120.54 to administer this chapter.Section 12. Subsection (4) of section 507.10, Florida Statutes, is amended to read:507.10 Civil penalties; remedies.—(4) Except as expressly authorized by this chapter, any provision in a contract for services or bill of lading from a mover or moving broker that purports to waive, limit, restrict, or avoid any of the duties, obligations, or prescriptions of the mover or broker, as provided in this chapter, is void.Section 13. Section 507.11, Florida Statutes, is amended to read:507.11 Criminal penalties.—(1) The refusal of a mover or a mover’s employee, agent, or contractor to comply with an order from a law enforcement officer to relinquish a shipper’s household goods after the officer determines that the shipper has tendered payment in accordance with s. 507.065 of the amount of a written estimate or contract, or after the officer determines that the mover did not produce a signed or electronically acknowledged binding estimate or contract for service upon which demand is being made for payment, is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A mover’s compliance with an order from a law enforcement officer to relinquish household goods to a shipper is not a waiver or finding of fact regarding any right to seek further payment from the shipper.(2) Except as provided in subsection (1), any person or business that violates this chapter commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.Section 14. Section 507.14, Florida Statutes, is created to read:507.14 Rulemaking.—The department shall adopt rules to administer this chapter.Section 15. This act shall take effect July 1, 2015.