HB 367 — Household Moving Services

is paid by a shipper to arrange, or offer to arrange, the transportation of property by a registered mover." (7) A registration is not valid for any mover or moving broker transacting business at any place other than that designated in the mover's or moving broker's application, unless the department is first notified in writing before any change of Page 5of 18 CODING:

hb0367-00hb0367-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB367CS/HB367 2024 (7) A registration is not valid for any mover or moving broker transacting business at any place other than that designated in the mover's or moving broker's application, unless the department is first notified in writing before any change of location.

(11) At the request of the department, Each moving broker shall provide the department with a complete list of the registered movers that the moving broker has contracted or is affiliated with, advertises on behalf of, arranges moves for, or refers shippers to, including each mover's complete name, address, telephone number, and e-mail address, and registration number and the name of each mover's owners, corporate officers, andPage directors6of owner18 orCODING: other principal.

A moving broker must notify the department of any changes to the provided information.

The department shall publish and maintain a list of all moving brokers and the registered movers each moving broker Page 6of 18 CODING:

hb0367-00hb0367-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB367CS/HB367 2024 isand contracteddirectors withowner onor itsother website.principal.

A moving broker must notify the department of any changes to the provided information.

The department shall publish and maintain on its website a list of all moving brokers and the registered movers each moving broker is contracted with.

(13) The department must immediately issue a cease and desist order to a person upon finding that suchthe person is operating as a mover or a moving broker without registering pursuant to this section.

In addition, and notwithstanding the availability of any administrative relief under chapter 120, the department may seek from the appropriate circuit court an immediate injunction prohibiting the person from operating in this state until the person complies with this section,section and pays a civil penalty not to exceed $5,000,$5,000 and court costs.

valuation coverage.— (1)Page LIABILITY7of INSURANCE.—18 (a)1.CODING:

Except as provided in paragraph (b), each mover operating in this state must maintain current and valid liability insurance coverage of at least $10,000 per shipment Page 7of 18 CODING:

hb0367-00hb0367-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB367CS/HB367 2024 for(1) theLIABILITY lossINSURANCE.— or(a)1. damage of household goods resulting from the negligence of the mover or its employees or agents.

Except as provided in paragraph (b), each mover operating in this state must maintain current and valid 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.

A performance bond in the amount of $50,000, for which thePage surety8of of18 theCODING: bond must be a surety company authorized to conduct business in this state;

or 2.

A certificate of deposit in a Florida banking institution in the amount of $50,000.

Page 8of 18 CODING:

hb0367-00hb0367-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB367CS/HB367 2024 Thethe originalsurety bond or certificate of depositthe bond must be fileda withsurety thecompany departmentauthorized andto mustconduct designatebusiness thein departmentthis asstate; the sole beneficiary.

or 2.

A certificate of deposit in a Florida banking institution in the amount of $50,000.

The original bond or certificate of deposit must be filed with the department and must designate the department as the sole beneficiary.

(3) REGISTRATION SUSPENSION.—The department must immediately suspend a mover's or moving broker's registration if the mover or moving broker fails to maintain the required performance bond or the certificate of deposit under subsection (1) or the insurance required under subsection (2),(1) and the mover or movingPage broker9of must18 immediatelyCODING: cease operating as a mover or moving broker in this state.

In addition, and notwithstanding the availability of any administrative relief Page 9of 18 CODING:

hb0367-00hb0367-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB367CS/HB367 2024 pursuant to chapter 120, the departmentinsurance mayrequired seekunder fromsubsection a(2), circuitand court an immediate injunction prohibiting the mover or moving broker frommust operatingimmediately incease thisoperating stateas untila the mover or moving broker compliesin withthis subsectionsstate. (1) and (2), a civil penalty not to exceed $5,000, and court costs.

In addition, and notwithstanding the availability of any administrative relief pursuant to chapter 120, the department may seek from a circuit court an immediate injunction prohibiting the mover or moving broker from operating in this state until the mover or moving broker complies with subsections (1) and (2) and pays a civil penalty not to exceed $5,000 and court costs.

(6)(5) VALUATION COVERAGE.—A mover may offer valuation coverage to compensate a shipper for the loss or damage of the shipper'sPage household10 goodsof18 thatCODING: are lost or damaged during a household move.

If a mover offers valuation coverage, the coverage must indemnify the shipper for at least the minimum valuation rate required under subsection (5) (4).

The mover must Page 10 of18 CODING:

hb0367-00hb0367-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB367CS/HB367 2024 discloseshipper's thehousehold termsgoods of the coverage to the shipper in writing at the time that the estimate and contract for services are executedlost and before any moving or accessorialdamaged servicesduring area provided.household move.

If a mover offers valuation coverage, the coverage must indemnify the shipper for at least the minimum valuation rate required under subsection (5) (4).

The mover must disclose the terms of the coverage 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.

507.05 Estimates and contracts for service.—Before providing any moving or accessorial services, an estimate and a contract and estimate must be prepared by a registered mover and provided to a prospective shipper in writing, and the shipper, the mover, and, if applicable, the moving broker must sign or electronically acknowledge and date the estimate and contract.

(1) The name, telephone number, and physical address where the mover's and, if applicable, the moving broker's employees arePage available11 duringof18 normalCODING: business hours.

(2) The date the estimate and contract were or estimate is prepared by the mover and the any proposed date or dates of the shipper's household move, including, but not limited to, Page 11 of18 CODING:

hb0367-00hb0367-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB367CS/HB367 2024 loading,are transportation,available shipment,during andnormal unloadingbusiness ofhours. household goods and accessorial services.

(2) The date the estimate and contract were or estimate is prepared by the mover and the any proposed date or dates of the shipper's household move, including, but not limited to, loading, transportation, shipment, and unloading of household goods and accessorial services.

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

or (c) Valid credit card, which shall include, but not be limited to, Visa or MasterCard.

hb0367-00hb0367-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB367CS/HB367 2024 A(b) moverValid mustpersonal clearlycheck, andshowing conspicuouslyupon discloseits toface the shippername in the estimate and contractaddress for services the forms of payments the movershipper willor accept,authorized includingrepresentative; the forms of payment described in paragraphs (a)-(c).

or (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).

services.— (1) A moving broker may only arrange with a registered mover for the loading, transportation,transportation or shipment, or unloading of household goods as part of a household move or refer a shipper to a registered mover.

Moving brokers may not give a verbal estimate or prepare a written estimate or contract for services thatwhich 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,transportation or shipment, or unloading of household goods and accessorial services.

(2) Before providing any service to a prospective shipper, a moving broker must disclose to the shipper that the broker may only arrange, or offer to arrange, the transportation of propertyPage by13 aof18 registeredCODING: mover.

A moving broker's fees may not include the cost of the shipper's household move, including, but not limited to, the loading, transportation, shipment, or unloading of household goods and accessorial services.

Any document provided to a shipper by a moving broker must include Page 13 of18 CODING:

hb0367-00hb0367-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB367CS/HB367 2024 allproperty ofby thea following:registered mover.

A moving broker's fees may not include the cost of the shipper's household move, including, but not limited to, the loading, transportation or shipment, or unloading of household goods and accessorial services.

Any document provided to a shipper by a moving broker must include all of the following:

The moving broker's fees do not include the cost of the shipper's household move, including, but not limited to, the loading, transportation,transportation or shipment, or unloading of household goods and accessorial services." (c) The name, telephone number, and physical address where the moving broker's employees are available during normal business hours.

(d) An itemized breakdownbreakdown, anddescription, description and total of all costsfees for the moving broker'sbroker feescharges to arrange with a registered mover for the loading, transportation,transportation or shipment, or unloading of household goods as part of a household move or to refer the shipper to a registered mover.

(e) A list of all of the registered movers the moving brokerPage has14 contractedof18 withCODING: or is affiliated with, advertises on behalf of, arranges moves for, or refers shippers to, including each mover's complete name, address, telephone number, e-mail address, Florida Intrastate Registration Number, and the name of each mover's owners, corporate officers, and directors.

Page 14 of18 CODING:

hb0367-00hb0367-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB367CS/HB367 2024 (f)broker Ahas listcontracted ofwith acceptableor formsis ofaffiliated payment,with, whichadvertises muston includebehalf allof, ofarranges themoves formsfor, ofor paymentrefers listedshippers into, atincluding leasteach twomover's ofcomplete name, address, telephone number, e-mail address, and Florida Intrastate Registration Number and the followingname subparagraphs:of each mover's owners, corporate officers, and directors.

(f) A list of acceptable forms of payment, which must include all of the forms of payment listed in at least two of the following subparagraphs:

Valid credit card, whichincluding, shall include, but not be limited to, Visa or MasterCard.

(8) For a moving broker to provide an estimate or enter into a contract or agreement for moving, loading, shipping,shipping or transporting, or unloading services with a shipper which was not prepared and electronically acknowledged or signed by a mover who is registered with the department pursuant to this chapter.

Section 507.09, Florida Statutes, is amended to read:Page 15 of18 CODING:

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, Page 15 of18 CODING:

hb0367-00hb0367-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB367CS/HB367 2024 hasread: violated or is operating in violation of this chapter or the rules or orders issued pursuant to this chapter:

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 moving broker, has violated or is operating in violation of this chapter or the rules or orders issued pursuant to this chapter:

(2) The department, upon notification and subsequent written verification by a law enforcement agency, a court, a state attorney, or the Department of Law Enforcement, must immediately suspend a registration or the processing of an application for a registration if the registrant, applicant, or 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 Page 16 of18 CODING:

hb0367-00hb0367-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB367CS/HB367 2024 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.

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 of the amount of a written estimate or contract for service, including any amendments to the estimate or contract reflecting price adjustments signed by the shipper, or after the officer Page 17 of18 CODING:

hb0367-00hb0367-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB367CS/HB367 2024 officer to relinquish a shipper's household goods after the officer determines that the shipper has tendered payment of the amount of a written estimate or contract, and, if applicable, amendments to the contract for services reflecting the price adjustment signed by the shipper or after the officer determines that the mover did not produce such a signed or electronically acknowledged binding estimate or contract for service and, if applicable, amendments to the contract for services reflecting the price adjustment signed by the shipper upon which demand is being made for payment, is a felony of the third degree, punishable as provided in s.

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