Bill Text: FL S0320 | 2010 | Regular Session | Comm Sub

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Bill Title: Household Moving Services [CPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Messages [S0320 Detail]

Download: Florida-2010-S0320-Comm_Sub.html

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Florida Senate - 2010                       CS for CS for SB 320 
 
By the Committees on General Government Appropriations; and 
Commerce; and Senator Garcia 
601-04791-10                                           2010320c2 
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. 
28 
29  Be It Enacted by the Legislature of the State of Florida: 
30 
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.— 
76         (4) LIABILITY LIMITATIONS; VALUATION RATES.— 
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. In 
148  addition, registration and bonding may be required only of a 
149  mover or moving broker whose principal place of business is 
150  located within that county’s jurisdiction. 
151         (c) This section does not preempt a local government’s 
152  authority to levy a local business tax pursuant to chapter 205. 
153  As provided in s. 507.03(4), counties and municipalities may 
154  require , levy, or collect any registration fee or tax or 
155  require the registration or bonding in any manner of any mover 
156  or moving broker. 
157         Section 7. This act shall take effect July 1, 2010.