Florida Senate - 2022 SB 1928 By Senator Hooper 16-01422-22 20221928__ Page 1 of 24 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to household moving services; amending 2 s. 507.01, F.S.; defining and redefining terms; 3 amending s. 507.02, F.S.; clarifying intent; amending 4 s. 507.03, F.S.; revising the conditions under which 5 the Department of Agriculture and Consumer Services is 6 authorized to deny, refuse to renew, or revoke the 7 registration of any mover or moving broker; amending 8 s. 507.04, F.S.; removing a prohibition that pr ecludes 9 a mover from limiting its liability for the loss or 10 damage of household goods to a specified valuation 11 rate; removing a requirement that a mover disclose a 12 liability limitation when the mover limits its 13 liability for a shipper’s goods; requiring a mover to 14 indemnify a shipper for the loss of or damage to the 15 shipper’s household goods caused by the mover during a 16 household move; requiring the mover to indemnify the 17 shipper for at least the cost of repair or replacement 18 of goods unless waived or amended by the shipper; 19 authorizing the shipper to waive or amend the 20 indemnification for loss of or damage to the shipper’s 21 household goods; requiring that the waiver be made in 22 a signed or electronic acknowledgment in the contract; 23 revising the time at which the mover must disclose the 24 terms of the coverage, including any deductibles, to 25 the shipper in writing; revising the information that 26 the disclosure must provide to the shipper; amending 27 s. 507.05, F.S.; requiring a mover to conduct a 28 physical survey and provide a binding estimate in 29

Florida Senate - 2022 SB 1928 16-01422-22 20221928__ Page 2 of 24 CODING: Words stricken are deletions; words underlined are additions. certain circumstances unless waived by the shipper; 30 requiring specified content for the binding estimate; 31 authorizing a shipper to waive the binding estimate in 32 certain circumstances; requiring the mover and shipper 33 to sign or electronically acknowledge the estimate; 34 requiring the mover to provide the shipper with a copy 35 of the estimate at the time of signature or electronic 36 acknowledgment; providing that a binding estimate may 37 be amended only under certain circumstances; 38 authorizing a mover to charge more than the binding 39 estimate in certain circumstances; requiring a mover 40 to allow a shipper at least 1 hour to determine 41 whether to authorize impracticable operations; 42 requiring a mover to retain a copy of the binding 43 estimate for a specified period; requiring a mover to 44 provide a contract for service to the shipper before 45 providing moving or accessorial services; requiring a 46 driver to have possession of the contract before 47 leaving the point of origin; requiring a mover to 48 retain a contract of service for a specified period; 49 creating s. 507.054, F.S.; requiring the department to 50 prepare a publication that summarizes the rights and 51 responsibilities of, and remedies available to, movers 52 and shippers; requiring the department to make the 53 publication available to the public on the 54 department’s website; requiring the mover to provide 55 an electronic or hard copy of the department’s 56 publication to shippers at specified times; requiring 57 the publication to meet certain specifications; 58

Florida Senate - 2022 SB 1928 16-01422-22 20221928__ Page 3 of 24 CODING: Words stricken are deletions; words underlined are additions. requiring the shipper to acknowledge receipt of the 59 copy of the publication by signed or electronic 60 acknowledgment; creating s. 507.055, F.S.; requiring a 61 mover to provide certain disclosures to a prospective 62 shipper; amending s. 507.06, F.S.; requiring a mover 63 to tender household goods for delivery on the agreed 64 upon delivery date or within a specified period unless 65 waived by the shipper; requiring a mover to notify and 66 provide certain information to a shipper if the mover 67 is unable to perform delivery on the agreed upon date 68 or during the specified period; creating s. 507.065, 69 F.S.; providing a maximum amount that a mover may 70 charge a shipper unless waived by the shipper; 71 requiring a mover to bill a shipper for specified 72 charges in certain circumstances; authorizing a mover 73 to assess a late fee for any uncollected charges in 74 certain circumstances; amending s. 507.07, F.S.; 75 providing that it is a violation of ch. 507, F.S., to 76 fail to comply with specified provisions; providing 77 that it is a violation of ch. 507, F.S., to increase 78 the contracted cost for moving services in certain 79 circumstances; conforming provisions to changes made 80 by the act; amending s. 507.09, F.S.; requiring the 81 department, upon verification by certain entities, to 82 immediately suspend a registration or the processing 83 of an application for a registration in certain 84 circumstances; amending s. 507.10, F.S.; conforming a 85 provision to changes made by the act; amending s. 86 507.11, F.S.; providing criminal penalties; creating 87

Florida Senate - 2022 SB 1928 16-01422-22 20221928__ Page 4 of 24 CODING: Words stricken are deletions; words underlined are additions. s. 507.14, F.S.; requiring the department to adopt 88 rules; providing an effective date. 89 90 Be It Enacted by the Legislature of the State of Florida: 91 92

Section

Section 507.01, Florida Statutes, is reordered 93 and amended to read: 94 507.01

Definitions.—As used in this chapter, the term: 95 (1) “Accessorial services” means any service performed by a 96 mover which results in a charge to the shipper and is incidental 97 to the transportation or shipment of household goods, including, 98 but not limited to, valuation coverage; preparation of writt en 99 inventory; equipment, including dollies, hand trucks, pads, 100 blankets, and straps; storage, packing, unpacking, or crating of 101 articles; hoisting or lowering; waiting time; carrying articles 102 excessive distances to or from the mover’s vehicle, which may be 103 cited as “long carry”; overtime loading and unloading; 104 reweighing; disassembly or reassembly; elevator or stair 105 carrying; boxing or servicing of appliances; and furnishing of 106 packing or crating materials.

The term includes services not 107 performed by the mover but performed by a third party at the 108 request of the shipper or mover, if the charges for these 109 services are to be paid to the mover by the shipper at or before 110 the time of delivery. 111 (2) “Additional services” means any additional 112 transportation of household goods which is performed by a mover, 113 is not specifically included in a binding estimate or contract, 114 and results in a charge to the shipper. 115 (3) “Advertise” means to advise, announce, give notice of, 116

Florida Senate - 2022 SB 1928 16-01422-22 20221928__ Page 5 of 24 CODING: Words stricken are deletions; words underlined are additions. publish, or call attention by use of oral, written , or graphic 117 statement made in a newspaper or other publication or on radio 118 or television, any electronic medium, or contained in any 119 notice, handbill, sign, including signage on vehicle, flyer, 120 catalog or letter, or printed on or contained in any tag or 121 label attached to or accompanying any good. 122 (4) “Binding estimate” means a written or electronic 123 document that specifies the total cost of a move, including, but 124 not limited to, the loading, transportation or shipment, and 125 unloading of household goods and any accessorial services the 126 shipper must pay for the complete move of his or her household 127 goods. 128 (5)(3) “Compensation” means money, fee, emolument, quid pro 129 quo, barter, remuneration, pay, reward, indemnification, or 130 satisfaction. 131 (6)(4) “Contract for service” or “bill of lading” means a 132 written document approved by the shipper in writing before the 133 performance of any service which authorizes services from the 134 named mover and lists the services and all costs associated with 135 the household move and accessorial services to be performed. 136 (7)(5) “Department” means the Department of Agriculture and 137 Consumer Services. 138 (6) “Estimate” means a written document that sets forth the 139 total costs and describes the basis of those costs, relating to 140 a shipper’s household move, including, but not limited to, the 141 loading, transportation or shipment, and unloading of household 142 goods and accessorial services. 143 (8)(7) “Household goods” or “goods” means personal effects 144 or other personal property commonly found in a home, personal 145

Florida Senate - 2022 SB 1928 16-01422-22 20221928__ Page 6 of 24 CODING: Words stricken are deletions; words underlined are additions. residence, or other dwelling, including, but not limited to, 146 household furniture.

The term does not include freight or 147 personal property moving to or from a factory, store, or other 148 place of business. 149 (9)(8) “Household move” or “move” means the loading of 150 household goods into a vehicle, moving container, or other mode 151 of transportation or shipment; the transportation or shipment of 152 those household goods; and the unloading of those household 153 goods, when the transportation or shipment originates and 154 terminates at one of the following ultimate locations, 155 regardless of whether the mover temporarily stores the goods 156 while en route between the originating and terminating 157 locations: 158 (

a) From one dwelling to another dwelling; 159 (

b) From a dwelling to a storehouse or warehouse that is 160 owned or rented by the shipper or the shipper’s agent; or 161 (

c) From a storehouse or warehouse that is owned or rented 162 by the shipper or the shipper’s agent to a dwelling. 163 (10) “Impracticable operations” means operations of the 164 mover which are necessary to complete the move due to 165 substantial and unforeseen conditions arising after execution of 166 a contract for household services.

Such conditions must make it 167 impractical for a mover to perform pickup or delivery services 168 for a household move as originally provided in the contract. 169 (11)(9) “Mover” means a person who, for compensation, 170 contracts for or engages in the loading, transportation or 171 shipment, or unloading of household goods as part of a household 172 move. The term does not include a postal, courier, envelope, or 173 package service that, or a personal laborer who, does not 174

Florida Senate - 2022 SB 1928 16-01422-22 20221928__ Page 7 of 24 CODING: Words stricken are deletions; words underlined are additions. advertise itself as a mover or moving service. 175 (12)(10) “Moving broker” or “broker” means a person who, 176 for compensation, arranges for another person to load, transport 177 or ship, or unload household goods as part of a household move 178 or who, for compensation, refers a shipper to a mover by 179 telephone, postal or electronic mail, Internet website, or other 180 means. 181 (13)(11) “Moving container” means a receptacle holding at 182 least 200 cubic feet of volume which is used to transport or 183 ship household goods as part of a household move. 184 (14) “Personal laborer” means an individual hired directly 185 by the shipper to assist in the loading and unloading of the 186 shipper’s own household goods.

The term does not include any 187 individual who has contracted with or is compensated by a third -188 party or whose services are brokered as part of a household 189 move. 190 (15)(12) “Shipper” means a person who uses the services of 191 a mover to transport or ship household goods as part of a 192 household move. 193 (16)(13) “Storage” means the temporary warehousing of a 194 shipper’s goods while under the care, custody, and control of 195 the mover. 196

Section 2. Subsection (3) of

section 507.02, Florida 197 Statutes, is amended to read: 198 507.02 Construction; intent; application.— 199

(3) This

chapter is intended to provide consistency and 200 transparency in moving practices and to create the presumption 201 that movers of household goods will make necessary disclosures 202 and educate uninformed shippers in order to secure the 203

Florida Senate - 2022 SB 1928 16-01422-22 20221928__ Page 8 of 24 CODING: Words stricken are deletions; words underlined are additions. satisfaction and confidence of shippers and members of the 204 public when using a mover. 205

Section 3. Subsection (8) of

section 507.03, Florida 206 Statutes, is amended to read: 207 507.03 Registration.— 208

(8) The department may deny, refuse to renew, or revoke the 209 registration of any mover or moving broker based upon a 210 determination that the mover or moving broker, or any of the 211 mover’s or moving broker’s directors, officers, owners, or 212 general partners: 213 (

a) Has failed to meet the requirements for registration as 214 provided in this chapter; 215 (

b) Has been convicted of a crime involving fraud, theft, 216 larceny, embezzlement, or fraudulent conversion or 217 misappropriation of property or a crime arising from conduct 218 during a movement of household goods dishonest dealing, or any 219 other act of moral turpitude; 220 (

c) Has not satisfied a civil fine or penalty arising out 221 of any administrative or enforcement action brought by any 222 governmental agency or private person based upon conduct 223 involving fraud, theft, dishonest dealing, or any violation of 224 this chapter; 225 (

d) Has pending against him or her any criminal, 226 administrative, or enforcement proceedings in any jurisdiction, 227 based upon conduct involving fraud, theft, larceny, 228 embezzlement, or fraudulent conversion or misappropriation of 229 property or a crime arising from conduct during a movement of 230 household goods dishonest dealing, or any other act of moral 231 turpitude; or 232

Florida Senate - 2022 SB 1928 16-01422-22 20221928__ Page 9 of 24 CODING: Words stricken are deletions; words underlined are additions. (

e) Has had a judgment entered against him or her in any 233 action brought by the department or the Department of Legal 234 Affairs under this

chapter or ss. 501.201-501.213, the Florida 235 Deceptive and Unfair Trade Practices Act. 236

Section 4. Subsections (1), (3), (4), and (5) of

section 237 507.04, Florida Statutes, are amended to read: 238 507.04 Required insurance coverages; liability limitations; 239 valuation coverage.— 240

(1) CARGO LIABILITY INSURANCE.— 241 (a)1. Except as provided in paragraph (b), each mover 242 operating in this state must maintain current and valid cargo 243 liability insurance coverage of at least $10,000 per shipment 244 for the loss or damage of household goods resulting from the 245 negligence of the mover or its employees or agents. 246 2. The mover must provide the department with evidence of 247 liability insurance coverage before the mover is registered with 248 the department under s. 507.03.

All insurance coverage 249 maintained by a mover must remain in effect throughout the 250 mover’s registration period. A mover’s failure to maintain 251 insurance coverage in accordance with this paragraph constitutes 252 an immediate threat to the public health, safety, and welfare. 253 (

b) A mover that operates two or fewer vehicles, in lieu of 254 maintaining the cargo liability insurance coverage required 255 under paragraph (a), may, and each moving broker must, maintain 256 one of the following alternative coverages: 257 1. A performance bond in the amount of $25,000, for which 258 the surety of the bond must be a surety company authorized to 259 conduct business in this state; or 260 2. A certificate of deposit in a Florida banking 261

Florida Senate - 2022 SB 1928 16-01422-22 20221928__ Page 10 of 24 CODING: Words stricken are deletions; words underlined are additions. institution in the amount of $25,000. 262 263 The original bond or certificate of deposit must be filed with 264 the department and must designate the department as the sole 265 beneficiary. The department must use the bond or certificate of 266 deposit exclusively for the payment of claims to consumers who 267 are injured by the fraud, misrepresentation, breach of contract, 268 misfeasance, malfeasance, or financial failure of the mover or 269 moving broker or by a violation of this

chapter by the mover or 270 broker. Liability for these injuries may be determined in an 271 administrative proceeding of the department or through a civil 272 action in a court of competent jurisdiction. However, claims 273 against the bond or certificate of deposit must only be paid, in 274 amounts not to exceed the determined liability for these 275 injuries, by order of the department in an administrative 276 proceeding. The bond or certificate of deposit is subject to 277 successive claims, but the aggregate amount of these claims may 278 not exceed the amount of the bond or certificate of deposit. 279

(3) INSURANCE COVERAGES.—The insurance coverages required 280 under paragraph (1)(

a) and subsection (2) must be issued by an 281 insurance company or carrier licensed to transact business in 282 this state under the Florida Insurance Code as designated in s. 283 624.01. The department shall require a mover to present a 284 certificate of insurance of the required coverages before 285 issuance or renewal of a registration certificate under s. 286 507.03. The department shall be named as a certificateholder in 287 the certificate and must be notified at least 10 days be fore 288 cancellation of insurance coverage. A mover’s failure to 289 maintain insurance coverage constitutes an immediate threat to 290

Florida Senate - 2022 SB 1928 16-01422-22 20221928__ Page 11 of 24 CODING: Words stricken are deletions; words underlined are additions. the public health, safety, and welfare. If a mover fails to 291 maintain insurance coverage, the department may immediately 292 suspend the mover’s registration or eligibility for 293 registration, and the mover must immediately cease operating as 294 a mover in this state. In addition, and notwithstanding the 295 availability of any administrative relief pursuant to

chapter 296 120, the department may seek from the appropriate circuit court 297 an immediate injunction prohibiting the mover from operating in 298 this state until the mover complies with this section, a civil 299 penalty not to exceed $5,000, and court costs. 300

(4) INDEMNIFICATION LIABILITY LIMITATIONS; VALUATION 301 RATES.—A mover may not limit its liability for the loss or 302 damage of household goods to a valuation rate that is less than 303 60 cents per pound per article. A provision of a contract for 304 moving services is void if the provision limits a mover’s 305 liability to a valuation rate that is less than the minimum rate 306 under this subsection.

If a mover limits its liability for a 307 shipper’s goods, the mover must disclose the limitation, 308 including the valuation rate, to the shipper in writing at the 309 time that the estimate and contract for services are executed 310 and before any moving or accessorial services are provided. The 311 disclosure must also inform the shipper of the opportunity to 312 purchase valuation coverage if the mover offers that coverage 313 under subsection (5). 314

(5) VALUATION COVERAGE.—A mover shall indemnify may offer 315 valuation coverage to compensate a shipper for the full 316 replacement value loss or damage of the shipper’s household 317 goods that are lost or damaged by the mover during a household 318 move. The shipper may waive or amend the indemnification, and 319

Florida Senate - 2022 SB 1928 16-01422-22 20221928__ Page 12 of 24 CODING: Words stricken are deletions; words underlined are additions. the waiver must be made by a signed or electronic acknowledgment 320 in the contract If a mover offers valuation coverage, the 321 coverage must indemnify the shipper for at least the minimum 322 valuation rate required under subsection (4).

The mover must 323 disclose the terms of the indemnification coverage to the 324 shipper in writing in at the time that the binding estimate and 325 again when the contract for services is are executed and before 326 any moving or accessorial services are provided. The disclosure 327 must inform the shipper of the cost of the valuation coverage, 328 the valuation rate of the coverage, and the opportunity to 329 reject the coverage.

If valuation coverage compensates a shipper 330 for at least the minimum valuation rate required under 331 subsection (4), the coverage satisfies the mover’s liability for 332 the minimum valuation rate. 333

Section

Section 507.05, Florida Statutes, is amended to 334 read: 335 507.05 Physical surveys, binding estimates, and contracts 336 for service.—Before providing any moving or accessorial 337 services, a contract and estimate must be provided to a 338 prospective shipper in writing, must be signed and dated by the 339 shipper and the mover, and must include: 340

(1) PHYSICAL SURVEY.—A mover must conduct a physical survey 341 of the household goods to be moved and provide the prospective 342 shipper with a binding estimate of the cost of the move. 343

(2) WAIVER OF SURVEY.—A shipper may elect to waive the 344 physical survey. Such waiver must be in writing and signed or 345 electronically acknowledged by the shipper before provision or 346 waiver of the binding estimate by the shipper. The mover shall 347 retain a copy of the waiver as an addendum to the contract for 348

Florida Senate - 2022 SB 1928 16-01422-22 20221928__ Page 13 of 24 CODING: Words stricken are deletions; words underlined are additions. service. 349

(3) BINDING ESTIMATE.—Before executing a contract for 350 service for a household move, and at least 48 hours before the 351 scheduled time and date of a shipment of household goods, a 352 mover must provide a binding estimate. The binding estimate must 353 be based on a physical survey conducted under subsection (1), 354 unless waived pursuant to subsection (2). 355 (

a) The shipper may waive the binding estimate if the 356 waiver is made by signed or electronic acknowledgment before the 357 commencement of the 48-hour period before the household goods 358 are loaded. The mover shall retain a copy of the waiver as an 359 addendum to the contract for services. To be enforceable, a 360 waiver executed under this paragraph must, at a minimum, include 361 a statement in uppercase type at least 5 points larger than, and 362 clearly distinguishable from, the rest of the text of the waiver 363 or release containing the statement.

The exact statement to be 364 included in a waiver of a binding estimate to be used by all 365 movers must be determined by the department in rulemaking and 366 must include a delineation of the specific rights that a shipper 367 may lose by waiving the binding estimate. 368 (

b) The shipper may also waive the 48-hour period if the 369 moving services requested commence within 48 hours after the 370 shipper’s initial contact with the mover contrac ted to perform 371 the moving services. 372 (

c) At a minimum, the binding estimate must include all of 373 the following: 374 1. The table of measures or hourly quotation used by the 375 mover or the mover’s agent in preparing the binding estimate. 376 2. The date the binding estimate was prepared and the 377

Florida Senate - 2022 SB 1928 16-01422-22 20221928__ Page 14 of 24 CODING: Words stricken are deletions; words underlined are additions. proposed date of the move, if any. 378 3. An itemized breakdown and description of services, and 379 the total cost to the shipper of loading, transporting or 380 shipping, unloading, and accessorial services. 381 4. A statement that the estimate is binding on the mover 382 and the shipper and that the charges shown apply only to those 383 services specifically identified in the estimate. 384 5. Identification of acceptable forms of payment. 385 (

d) The binding estimate must be signed or electronically 386 acknowledged by the mover and the shipper, and a copy must be 387 provided to the shipper by the mover at the time that the 388 binding estimate is signed or electronically acknowledged. 389 (

e) A binding estimate may be amended by the mover only 390 before the scheduled loading of household goods for shipment 391 when the shipper has requested additional services of the mover 392 not previously disclosed in the original binding estimate, or 393 upon mutual agreement of the mover and the shipper. Once a mover 394 begins to load the household goods for a move, failure to 395 execute a new binding estimate signifies that the mover has 396 reaffirmed the original binding estimate. 397 (

f) A mover may not collect more than the amount of the 398 binding estimate unless: 399 1. The shipper waives receipt of a binding estimate under 400 this subsection. 401 2. The shipper tenders additional household goods, requests 402 additional services, or requires services that are not 403 specifically included in the binding estimate, in which case the 404 mover may execute an addendum to the binding estim ate describing 405 the additional household goods or need for additional services 406

Florida Senate - 2022 SB 1928 16-01422-22 20221928__ Page 15 of 24 CODING: Words stricken are deletions; words underlined are additions. and the associated charges in writing. The mover must allow the 407 shipper at least 1 hour to determine whether to execute the 408 addendum. The mover may require full payment at the de stination 409 for the costs associated with the additional requested services 410 as provided in the addendum to the binding estimate.

If the 411 shipper refuses to execute the addendum, the mover may refuse to 412 ship the additional goods or perform the additional servi ces 413 requested. 414 3. The mover advises the shipper, in advance of 415 performance, that impracticable operations are essential to 416 properly perform the move. The mover must allow the shipper at 417 least 1 hour to determine whether to authorize the additional 418 services. 419 a.

If the shipper agrees to pay for the impracticable 420 operations, the mover must execute a written addendum to the 421 contract for services, which must be signed or electronically 422 acknowledged by the shipper. The addendum may be delivered to 423 the shipper by personal delivery, facsimile, e-mail, overnight 424 courier, or certified mail, with return receipt requested. The 425 mover must bill the shipper for the agreed upon additional 426 services within 15 days after the delivery of those additional 427 services pursuant to s. 507.065. 428 b.

If the shipper does not agree to pay for the additional 429 services, the mover may perform and, pursuant to s. 507.06, bill 430 the shipper for those additional services necessary to complete 431 the delivery. It is the mover’s burden to show that the 432 impracticable operations were necessary to properly perform the 433 move. 434 (

g) A mover shall retain a copy of the binding estimate and 435

Florida Senate - 2022 SB 1928 16-01422-22 20221928__ Page 16 of 24 CODING: Words stricken are deletions; words underlined are additions. any addendums thereto for each move performed for at least 1 436 year after its preparation date as an attachment to the contract 437 for service. 438

(4) CONTRACT FOR SERVICE.—Before providing any moving or 439 accessorial services, a mover must provide a contract for 440 service to the shipper, which the shipper must sign or 441 electronically acknowledge and date. 442 (

a) At a minimum, the contract for service must include: 443 1. The name, telephone number, and physical address where 444 the mover’s employees are available during normal business 445 hours. 446 2.

(2) The date the contract was or estimate is prepared and 447 the any proposed date of the move, if any. 448 3.

(3) The name and address of the shipper, the addresses 449 where the articles are to be picked up and delivered, and a 450 telephone number where the shipper may be reached. 451 4.

(4) The name, telephone number, and physical address of 452 any location where the household goods will be held pending 453 further transportation, including situations in which where the 454 mover retains possession of household goods pending resolution 455 of a fee dispute with the shipper. 456 5.

(5) A binding estimate provided in accordance with 457 subsection (3) An itemized breakdown and description and total 458 of all costs and services for loading, transportation or 459 shipment, unloading, and accessorial services to be provided 460 during a household move or storage of household goods . 461 6. The total charges owed by the shipper based on the 462 binding estimate and the terms and conditions for their payment, 463 including any required minimum payment. 464

Florida Senate - 2022 SB 1928 16-01422-22 20221928__ Page 17 of 24 CODING: Words stricken are deletions; words underlined are additions. 7. If the household goods are transported under an 465 agreement to collect payment upon delivery, the maximum payment 466 that the mover may demand at the time of delivery. 467 8.

(6) Acceptable forms of payment, which must be clearly 468 and conspicuously disclosed to the shipper on the binding 469 estimate and the contract for services. A mover must shall 470 accept at least a minimum of two of the three following forms of 471 payment: 472 a.(

a) Cash, cashier’s check, money order, or traveler’s 473 check; 474 b.(

b) Valid personal check, showing upon its face the name 475 and address of the shipper or authorized representative; or 476 c.(

c) Valid credit card, which shall include, but not be 477 limited to, Visa or MasterCard. 478 479 A mover must clearly and conspicuously disclose to the shipper 480 in the estimate and contract for services the forms of payments 481 the mover will accept, including the forms of payment described 482 in paragraphs (a)-(c). 483 (

b) Each addendum to the contract for service is an 484 integral part of the contract. 485 (

c) A copy of the contract for service must accompany the 486 household goods whenever they are in the mover’s or the mover’s 487 agent’s possession. Before a vehicle being used for th e move 488 leaves the point of origin, the driver responsible for the move 489 must have the contract for service in his or her possession. 490 (

d) A mover shall retain a contract for service for each 491 move it performs for at least 1 year after the date the contract 492 for service was signed or electronically acknowledged. 493

Florida Senate - 2022 SB 1928 16-01422-22 20221928__ Page 18 of 24 CODING: Words stricken are deletions; words underlined are additions.

Section

Section 507.054, Florida Statutes, is created to 494 read: 495 507.054 Publication.— 496

(1) The department shall prepare a publication that 497 includes a

summary of the rights and responsibilities of, and 498 remedies available to, movers and shippers under this chapter. 499 The publication must include a statement that a mover’s failure 500 to relinquish household goods as required by this

chapter 501 constitutes a felony of the third degree, punishable as provided 502 in s. 775.082, s. 775.083, or s. 775.084, that any other 503 violation of this

chapter constitutes a misdemeanor of the first 504 degree, punishable as provided in s. 775.082 or s. 775.083, and 505 that any violation of this

chapter constitutes a violation of 506 the Florida Deceptive and Unfair Trade Practices Act. The 507 publication must also include a notice to the shipper of the 508 potential risks of shipping sentimental or family heirloom 509 items. The department shall make the publication available to 510 the public on the department’s website. 511

(2) A mover must provide an electronic or hard copy of the 512 department’s publication to shippers at the physical survey or , 513 if the physical survey is timely waived by the shipper, before 514 contracting for the household move. 515

(3) A mover may customize the color, design, and dimension 516 of the front and back covers of the standard department 517 publication. If the mover customizes the publication, the 518 customized publication must include the content specified in 519 subsection (1) and meet the following requirements: 520 (

a) The font size used must be at least 10 points, with the 521 exception that the following must appear prominently on the 522

Florida Senate - 2022 SB 1928 16-01422-22 20221928__ Page 19 of 24 CODING: Words stricken are deletions; words underlined are additions. front cover in at least 12-point boldface type: “Your Rights and 523 Responsibilities When You Move. Furnished by Your Mover, as 524 Required by Florida Law.” 525 (

b) The size of the booklet must be at least 36 square 526 inches. 527

(4) The shipper must acknowledge receipt of the electronic 528 or hard copy of the publication by signed or electronic 529 acknowledgment in the contract. 530

Section

Section 507.055, Florida Statutes, is created to 531 read: 532 507.055 Required disclosure and acknowledgment of rights 533 and remedies.—Before executing a contract for service for a 534 move, a mover must provide to a prospective shipper all of the 535 following: 536

(1) The publication required under s. 507.054. 537

(2) A concise, easy-to-read, and accurate binding estimate 538 required under s. 507.05(3). 539

Section 8. Subsections (1) and (3) of

section 507.06, 540 Florida Statutes, are amended, and subsection (4) is added to 541 that section, to read: 542 507.06 Delivery and storage of household goods.— 543

(1) On the agreed upon delivery date or within the 544 timeframe specified in the contract for service, a mover must 545 relinquish household goods to a shipper and must place the 546 household goods inside a shipper’s dwelling or, if directed by 547 the shipper, inside a storehouse or warehouse that is owned or 548 rented by the shipper or the shipper’s agent, unless the shipper 549 has not tendered payment pursuant to s. 507.065. This 550 requirement may be waived by the shipper in the amount specified 551

Florida Senate - 2022 SB 1928 16-01422-22 20221928__ Page 20 of 24 CODING: Words stricken are deletions; words underlined are additions. in a written contract or estimate signed and dated by the 552 shipper. A mover may not, under any circumstances, refuse to 553 relinquish prescription medicines and household goods for use by 554 children, including children’s furniture, clothing, or toys , 555 under any circumstances. 556

(3) A mover that lawfully fails to relinquish a shipper’s 557 household goods may place the goods in storage until payment in 558 accordance with s. 507.065 is tendered; however, the mover must 559 notify the shipper of the location where the goods are stored 560 and the amount due within 5 days after receipt of a written 561 request for that information from the shipper, which request 562 must include the address where the shipper may receive the 563 notice. A mover may not require a prospective shipper to waive 564 any rights or requirements under this section. 565

(4) If a mover becomes aware that it will be unable to 566 perform either the pickup or the delivery of household goods on 567 the date agreed upon or during the timeframe specified in the 568 contract for service due to circumstances not anticipated by the 569 contract, the mover must notify the shipper of the delay and 570 advise the shipper of the amended date or timeframe within which 571 the mover expects to pick up or deliver the household goods in a 572 timely manner. 573

Section

Section 507.065, Florida Statutes, is created to 574 read: 575 507.065 Payment.— 576

(1) Except as provided in s. 507.05(3), the maximum amount 577 that a mover may charge before relinquishing household goods to 578 a shipper is the exact amount of the binding estimate, unless 579 waived by the shipper. 580

Florida Senate - 2022 SB 1928 16-01422-22 20221928__ Page 21 of 24 CODING: Words stricken are deletions; words underlined are additions.

(2) A mover must bill a shipper for any charges assessed 581 under this

chapter which are not collected upon delivery of 582 household goods at their destination within 15 days after such 583 delivery. A mover may assess a late fee for any uncollected 584 charges if the shipper fails to make payment within 30 days 585 after receipt of the bill. 586

Section 10. Subsections (1), (4), and (5) and paragraphs 587 (

a) and (

b) of subsection (6) of

section 507.07, Florida 588 Statutes, are amended to read: 589 507.07 Violations.—It is a violation of this chapter: 590

(1) To operate conduct business as a mover or moving 591 broker, or advertise to engage in violation the business of 592 moving or fail to comply with ss. 507.03-507.10, or any other 593 requirement under this

chapter offering to move, without being 594 registered with the department. 595

(4) To increase the contracted cost fail to honor and 596 comply with all provisions of the contract for moving services 597 in any way other than provided for in this

chapter or bill of 598 lading regarding the purchaser’s rights, benefits, and 599 privileges thereunder. 600

(5) To withhold delivery of household goods or in any way 601 hold household goods in storage against the expressed wishes of 602 the shipper if payment has been made as delineated in the 603 binding estimate or contract for services, or pursuant to this 604 chapter. 605 (6)(

a) To include in any contract any provision purporting 606 to waive or limit any right or benefit provided to shippers 607 under this chapter. 608 (

b) Unless expressly authorized by this chapter, to seek or 609

Florida Senate - 2022 SB 1928 16-01422-22 20221928__ Page 22 of 24 CODING: Words stricken are deletions; words underlined are additions. solicit a waiver or acceptance of limitation from a shipper 610 concerning rights or benefits provided under this chapter. 611

Section

Section 507.09, Florida Statutes, is amended to 612 read: 613 507.09 Administrative remedies; penalties.— 614

(1) The department may enter an order doing one or more of 615 the following if the department finds that a mover or moving 616 broker, or a person employed or contracted by a mover or broker, 617 has violated or is operating in violation of this

chapter or the 618 rules or orders issued pursuant to this chapter: 619 (

a) Issuing a notice of noncompliance under s. 120.695. 620 (

b) Imposing an administrative fine in the Class II 621 category pursuant to s. 570.971 for each act or omis sion. 622 However, the department must impose an administrative fine in 623 the Class IV category for each violation of s. 507.07(9) if the 624 department does not seek a civil penalty for the same offense. 625 (

c) Directing that the person cease and desist specified 626 activities. 627 (

d) Refusing to register or revoking or suspending a 628 registration. 629 (

e) Placing the registrant on probation, subject to the 630 conditions specified by the department. 631

(2) The department, upon notification and subsequent 632 written verification by a law enforcement agency, a court, a 633 state attorney, or the Department of Law Enforcement, must 634 immediately suspend a registration or the processing of an 635 application for a registration if the registrant, applicant, or 636 an officer or director of the registrant or applicant is 637 formally charged with a crime involving fraud, theft, larceny, 638

Florida Senate - 2022 SB 1928 16-01422-22 20221928__ Page 23 of 24 CODING: Words stricken are deletions; words underlined are additions. embezzlement, or fraudulent conversion or misappropriation of 639 property or a crime arising from conduct during a movement of 640 household goods until final disposition of the case or removal 641 or resignation of that officer or director. 642

(3) The administrative proceedings that which could result 643 in the entry of an order imposing any of the penalties specified 644 in subsection (1) or subsection (2) are governed by

chapter 120. 645

(3) The department may adopt rules under ss. 120.536(1) and 646 120.54 to administer this chapter. 647

Section 12. Subsection (4) of

section 507.10, Florida 648 Statutes, is amended to read: 649 507.10 Civil penalties; remedies.— 650

(4) Except as expressly authorized by this chapter, any 651 provision in a contract for services or bill of lading from a 652 mover or moving broker that purports to waive, limit, restrict, 653 or avoid any of the duties, obligations, or prescriptions of the 654 mover or broker, as provided in this chapter, is void. 655

Section

Section 507.11, Florida Statutes, is amended to 656 read: 657 507.11 Criminal penalties.— 658

(1) The refusal of a mover or a mover’s employee, agent, or 659 contractor to comply with an order from a law enforcement 660 officer to relinquish a shipper’s household goo ds after the 661 officer determines that the shipper has tendered payment in 662 accordance with s. 507.065 of the amount of a written estimate 663 or contract, or after the officer determines that the mover did 664 not produce a signed or electronically acknowledged binding 665 estimate or contract for service upon which demand is being made 666 for payment, is a felony of the third degree, punishable as 667

Florida Senate - 2022 SB 1928 16-01422-22 20221928__ Page 24 of 24 CODING: Words stricken are deletions; words underlined are additions. provided in s. 775.082, s. 775.083, or s. 775.084. A mover’s 668 compliance with an order from a law enforcement officer to 669 relinquish household goods to a shipper is not a waiver or 670 finding of fact regarding any right to seek further payment from 671 the shipper. 672

(2) Except as provided in subsection (1), any person or 673 business that violates this

chapter commits a misdemeanor of the 674 first degree, punishable as provided in s. 775.082 or s. 675 775.083. 676

Section

Section 507.14, Florida Statutes, is created to 677 read: 678 507.14 Rulemaking.—The department shall adopt rules to 679 administer this chapter. 680

Section 15. This act shall take effect July 1, 2022. 681