Florida Senate - 2022 SB 1928 By Senator Hooper 16-01422-22 20221928__ 1 A bill to be entitled 2 An act relating to household moving services; amending 3 s. 507.01, F.S.; defining and redefining terms; 4 amending s. 507.02, F.S.; clarifying intent; amending 5 s. 507.03, F.S.; revising the conditions under which 6 the Department of Agriculture and Consumer Services is 7 authorized to deny, refuse to renew, or revoke the 8 registration of any mover or moving broker; amending 9 s. 507.04, F.S.; removing a prohibition that precludes 10 a mover from limiting its liability for the loss or 11 damage of household goods to a specified valuation 12 rate; removing a requirement that a mover disclose a 13 liability limitation when the mover limits its 14 liability for a shippers goods; requiring a mover to 15 indemnify a shipper for the loss of or damage to the 16 shippers household goods caused by the mover during a 17 household move; requiring the mover to indemnify the 18 shipper for at least the cost of repair or replacement 19 of goods unless waived or amended by the shipper; 20 authorizing the shipper to waive or amend the 21 indemnification for loss of or damage to the shippers 22 household goods; requiring that the waiver be made in 23 a signed or electronic acknowledgment in the contract; 24 revising the time at which the mover must disclose the 25 terms of the coverage, including any deductibles, to 26 the shipper in writing; revising the information that 27 the disclosure must provide to the shipper; amending 28 s. 507.05, F.S.; requiring a mover to conduct a 29 physical survey and provide a binding estimate in 30 certain circumstances unless waived by the shipper; 31 requiring specified content for the binding estimate; 32 authorizing a shipper to waive the binding estimate in 33 certain circumstances; requiring the mover and shipper 34 to sign or electronically acknowledge the estimate; 35 requiring the mover to provide the shipper with a copy 36 of the estimate at the time of signature or electronic 37 acknowledgment; providing that a binding estimate may 38 be amended only under certain circumstances; 39 authorizing a mover to charge more than the binding 40 estimate in certain circumstances; requiring a mover 41 to allow a shipper at least 1 hour to determine 42 whether to authorize impracticable operations; 43 requiring a mover to retain a copy of the binding 44 estimate for a specified period; requiring a mover to 45 provide a contract for service to the shipper before 46 providing moving or accessorial services; requiring a 47 driver to have possession of the contract before 48 leaving the point of origin; requiring a mover to 49 retain a contract of service for a specified period; 50 creating s. 507.054, F.S.; requiring the department to 51 prepare a publication that summarizes the rights and 52 responsibilities of, and remedies available to, movers 53 and shippers; requiring the department to make the 54 publication available to the public on the 55 departments website; requiring the mover to provide 56 an electronic or hard copy of the departments 57 publication to shippers at specified times; requiring 58 the publication to meet certain specifications; 59 requiring the shipper to acknowledge receipt of the 60 copy of the publication by signed or electronic 61 acknowledgment; creating s. 507.055, F.S.; requiring a 62 mover to provide certain disclosures to a prospective 63 shipper; amending s. 507.06, F.S.; requiring a mover 64 to tender household goods for delivery on the agreed 65 upon delivery date or within a specified period unless 66 waived by the shipper; requiring a mover to notify and 67 provide certain information to a shipper if the mover 68 is unable to perform delivery on the agreed upon date 69 or during the specified period; creating s. 507.065, 70 F.S.; providing a maximum amount that a mover may 71 charge a shipper unless waived by the shipper; 72 requiring a mover to bill a shipper for specified 73 charges in certain circumstances; authorizing a mover 74 to assess a late fee for any uncollected charges in 75 certain circumstances; amending s. 507.07, F.S.; 76 providing that it is a violation of ch. 507, F.S., to 77 fail to comply with specified provisions; providing 78 that it is a violation of ch. 507, F.S., to increase 79 the contracted cost for moving services in certain 80 circumstances; conforming provisions to changes made 81 by the act; amending s. 507.09, F.S.; requiring the 82 department, upon verification by certain entities, to 83 immediately suspend a registration or the processing 84 of an application for a registration in certain 85 circumstances; amending s. 507.10, F.S.; conforming a 86 provision to changes made by the act; amending s. 87 507.11, F.S.; providing criminal penalties; creating 88 s. 507.14, F.S.; requiring the department to adopt 89 rules; providing an effective date. 90 91 Be It Enacted by the Legislature of the State of Florida: 92 93 Section 1.Section 507.01, Florida Statutes, is reordered 94 and amended to read: 95 507.01Definitions.As used in this chapter, the term: 96 (1)Accessorial services means any service performed by a 97 mover which results in a charge to the shipper and is incidental 98 to the transportation or shipment of household goods, including, 99 but not limited to, valuation coverage; preparation of written 100 inventory; equipment, including dollies, hand trucks, pads, 101 blankets, and straps; storage, packing, unpacking, or crating of 102 articles; hoisting or lowering; waiting time; carrying articles 103 excessive distances to or from the movers vehicle, which may be 104 cited as long carry; overtime loading and unloading; 105 reweighing; disassembly or reassembly; elevator or stair 106 carrying; boxing or servicing of appliances; and furnishing of 107 packing or crating materials. The term includes services not 108 performed by the mover but performed by a third party at the 109 request of the shipper or mover, if the charges for these 110 services are to be paid to the mover by the shipper at or before 111 the time of delivery. 112 (2)Additional services means any additional 113 transportation of household goods which is performed by a mover, 114 is not specifically included in a binding estimate or contract, 115 and results in a charge to the shipper. 116 (3)Advertise means to advise, announce, give notice of, 117 publish, or call attention by use of oral, written, or graphic 118 statement made in a newspaper or other publication or on radio 119 or television, any electronic medium, or contained in any 120 notice, handbill, sign, including signage on vehicle, flyer, 121 catalog or letter, or printed on or contained in any tag or 122 label attached to or accompanying any good. 123 (4)Binding estimate means a written or electronic 124 document that specifies the total cost of a move, including, but 125 not limited to, the loading, transportation or shipment, and 126 unloading of household goods and any accessorial services the 127 shipper must pay for the complete move of his or her household 128 goods. 129 (5)(3)Compensation means money, fee, emolument, quid pro 130 quo, barter, remuneration, pay, reward, indemnification, or 131 satisfaction. 132 (6)(4)Contract for service or bill of lading means a 133 written document approved by the shipper in writing before the 134 performance of any service which authorizes services from the 135 named mover and lists the services and all costs associated with 136 the household move and accessorial services to be performed. 137 (7)(5)Department means the Department of Agriculture and 138 Consumer Services. 139 (6)Estimate means a written document that sets forth the 140 total costs and describes the basis of those costs, relating to 141 a shippers household move, including, but not limited to, the 142 loading, transportation or shipment, and unloading of household 143 goods and accessorial services. 144 (8)(7)Household goods or goods means personal effects 145 or other personal property commonly found in a home, personal 146 residence, or other dwelling, including, but not limited to, 147 household furniture. The term does not include freight or 148 personal property moving to or from a factory, store, or other 149 place of business. 150 (9)(8)Household move or move means the loading of 151 household goods into a vehicle, moving container, or other mode 152 of transportation or shipment; the transportation or shipment of 153 those household goods; and the unloading of those household 154 goods, when the transportation or shipment originates and 155 terminates at one of the following ultimate locations, 156 regardless of whether the mover temporarily stores the goods 157 while en route between the originating and terminating 158 locations: 159 (a)From one dwelling to another dwelling; 160 (b)From a dwelling to a storehouse or warehouse that is 161 owned or rented by the shipper or the shippers agent; or 162 (c)From a storehouse or warehouse that is owned or rented 163 by the shipper or the shippers agent to a dwelling. 164 (10)Impracticable operations means operations of the 165 mover which are necessary to complete the move due to 166 substantial and unforeseen conditions arising after execution of 167 a contract for household services. Such conditions must make it 168 impractical for a mover to perform pickup or delivery services 169 for a household move as originally provided in the contract. 170 (11)(9)Mover means a person who, for compensation, 171 contracts for or engages in the loading, transportation or 172 shipment, or unloading of household goods as part of a household 173 move. The term does not include a postal, courier, envelope, or 174 package service that, or a personal laborer who, does not 175 advertise itself as a mover or moving service. 176 (12)(10)Moving broker or broker means a person who, 177 for compensation, arranges for another person to load, transport 178 or ship, or unload household goods as part of a household move 179 or who, for compensation, refers a shipper to a mover by 180 telephone, postal or electronic mail, Internet website, or other 181 means. 182 (13)(11)Moving container means a receptacle holding at 183 least 200 cubic feet of volume which is used to transport or 184 ship household goods as part of a household move. 185 (14)Personal laborer means an individual hired directly 186 by the shipper to assist in the loading and unloading of the 187 shippers own household goods. The term does not include any 188 individual who has contracted with or is compensated by a third 189 party or whose services are brokered as part of a household 190 move. 191 (15)(12)Shipper means a person who uses the services of 192 a mover to transport or ship household goods as part of a 193 household move. 194 (16)(13)Storage means the temporary warehousing of a 195 shippers goods while under the care, custody, and control of 196 the mover. 197 Section 2.Subsection (3) of section 507.02, Florida 198 Statutes, is amended to read: 199 507.02Construction; intent; application. 200 (3)This chapter is intended to provide consistency and 201 transparency in moving practices and to create the presumption 202 that movers of household goods will make necessary disclosures 203 and educate uninformed shippers in order to secure the 204 satisfaction and confidence of shippers and members of the 205 public when using a mover. 206 Section 3.Subsection (8) of section 507.03, Florida 207 Statutes, is amended to read: 208 507.03Registration. 209 (8)The department may deny, refuse to renew, or revoke the 210 registration of any mover or moving broker based upon a 211 determination that the mover or moving broker, or any of the 212 movers or moving brokers directors, officers, owners, or 213 general partners: 214 (a)Has failed to meet the requirements for registration as 215 provided in this chapter; 216 (b)Has been convicted of a crime involving fraud, theft, 217 larceny, embezzlement, or fraudulent conversion or 218 misappropriation of property or a crime arising from conduct 219 during a movement of household goods dishonest dealing, or any 220 other act of moral turpitude; 221 (c)Has not satisfied a civil fine or penalty arising out 222 of any administrative or enforcement action brought by any 223 governmental agency or private person based upon conduct 224 involving fraud, theft, dishonest dealing, or any violation of 225 this chapter; 226 (d)Has pending against him or her any criminal, 227 administrative, or enforcement proceedings in any jurisdiction, 228 based upon conduct involving fraud, theft, larceny, 229 embezzlement, or fraudulent conversion or misappropriation of 230 property or a crime arising from conduct during a movement of 231 household goods dishonest dealing, or any other act of moral 232 turpitude; or 233 (e)Has had a judgment entered against him or her in any 234 action brought by the department or the Department of Legal 235 Affairs under this chapter or ss. 501.201-501.213, the Florida 236 Deceptive and Unfair Trade Practices Act. 237 Section 4.Subsections (1), (3), (4), and (5) of section 238 507.04, Florida Statutes, are amended to read: 239 507.04Required insurance coverages; liability limitations; 240 valuation coverage. 241 (1)CARGO LIABILITY INSURANCE. 242 (a)1.Except as provided in paragraph (b), each mover 243 operating in this state must maintain current and valid cargo 244 liability insurance coverage of at least $10,000 per shipment 245 for the loss or damage of household goods resulting from the 246 negligence of the mover or its employees or agents. 247 2.The mover must provide the department with evidence of 248 liability insurance coverage before the mover is registered with 249 the department under s. 507.03. All insurance coverage 250 maintained by a mover must remain in effect throughout the 251 movers registration period. A movers failure to maintain 252 insurance coverage in accordance with this paragraph constitutes 253 an immediate threat to the public health, safety, and welfare. 254 (b)A mover that operates two or fewer vehicles, in lieu of 255 maintaining the cargo liability insurance coverage required 256 under paragraph (a), may, and each moving broker must, maintain 257 one of the following alternative coverages: 258 1.A performance bond in the amount of $25,000, for which 259 the surety of the bond must be a surety company authorized to 260 conduct business in this state; or 261 2.A certificate of deposit in a Florida banking 262 institution in the amount of $25,000. 263 264 The original bond or certificate of deposit must be filed with 265 the department and must designate the department as the sole 266 beneficiary. The department must use the bond or certificate of 267 deposit exclusively for the payment of claims to consumers who 268 are injured by the fraud, misrepresentation, breach of contract, 269 misfeasance, malfeasance, or financial failure of the mover or 270 moving broker or by a violation of this chapter by the mover or 271 broker. Liability for these injuries may be determined in an 272 administrative proceeding of the department or through a civil 273 action in a court of competent jurisdiction. However, claims 274 against the bond or certificate of deposit must only be paid, in 275 amounts not to exceed the determined liability for these 276 injuries, by order of the department in an administrative 277 proceeding. The bond or certificate of deposit is subject to 278 successive claims, but the aggregate amount of these claims may 279 not exceed the amount of the bond or certificate of deposit. 280 (3)INSURANCE COVERAGES.The insurance coverages required 281 under paragraph (1)(a) and subsection (2) must be issued by an 282 insurance company or carrier licensed to transact business in 283 this state under the Florida Insurance Code as designated in s. 284 624.01. The department shall require a mover to present a 285 certificate of insurance of the required coverages before 286 issuance or renewal of a registration certificate under s. 287 507.03. The department shall be named as a certificateholder in 288 the certificate and must be notified at least 10 days before 289 cancellation of insurance coverage. A movers failure to 290 maintain insurance coverage constitutes an immediate threat to 291 the public health, safety, and welfare. If a mover fails to 292 maintain insurance coverage, the department may immediately 293 suspend the movers registration or eligibility for 294 registration, and the mover must immediately cease operating as 295 a mover in this state. In addition, and notwithstanding the 296 availability of any administrative relief pursuant to chapter 297 120, the department may seek from the appropriate circuit court 298 an immediate injunction prohibiting the mover from operating in 299 this state until the mover complies with this section, a civil 300 penalty not to exceed $5,000, and court costs. 301 (4)INDEMNIFICATION LIABILITY LIMITATIONS; VALUATION 302 RATES.A mover may not limit its liability for the loss or 303 damage of household goods to a valuation rate that is less than 304 60 cents per pound per article. A provision of a contract for 305 moving services is void if the provision limits a movers 306 liability to a valuation rate that is less than the minimum rate 307 under this subsection. If a mover limits its liability for a 308 shippers goods, the mover must disclose the limitation, 309 including the valuation rate, to the shipper in writing at the 310 time that the estimate and contract for services are executed 311 and before any moving or accessorial services are provided. The 312 disclosure must also inform the shipper of the opportunity to 313 purchase valuation coverage if the mover offers that coverage 314 under subsection (5). 315 (5)VALUATION COVERAGE.A mover shall indemnify may offer 316 valuation coverage to compensate a shipper for the full 317 replacement value loss or damage of the shippers household 318 goods that are lost or damaged by the mover during a household 319 move. The shipper may waive or amend the indemnification, and 320 the waiver must be made by a signed or electronic acknowledgment 321 in the contract If a mover offers valuation coverage, the 322 coverage must indemnify the shipper for at least the minimum 323 valuation rate required under subsection (4). The mover must 324 disclose the terms of the indemnification coverage to the 325 shipper in writing in at the time that the binding estimate and 326 again when the contract for services is are executed and before 327 any moving or accessorial services are provided. The disclosure 328 must inform the shipper of the cost of the valuation coverage, 329 the valuation rate of the coverage, and the opportunity to 330 reject the coverage. If valuation coverage compensates a shipper 331 for at least the minimum valuation rate required under 332 subsection (4), the coverage satisfies the movers liability for 333 the minimum valuation rate. 334 Section 5.Section 507.05, Florida Statutes, is amended to 335 read: 336 507.05Physical surveys, binding estimates, and contracts 337 for service.Before providing any moving or accessorial 338 services, a contract and estimate must be provided to a 339 prospective shipper in writing, must be signed and dated by the 340 shipper and the mover, and must include: 341 (1)PHYSICAL SURVEY.A mover must conduct a physical survey 342 of the household goods to be moved and provide the prospective 343 shipper with a binding estimate of the cost of the move. 344 (2)WAIVER OF SURVEY.A shipper may elect to waive the 345 physical survey. Such waiver must be in writing and signed or 346 electronically acknowledged by the shipper before provision or 347 waiver of the binding estimate by the shipper. The mover shall 348 retain a copy of the waiver as an addendum to the contract for 349 service. 350 (3)BINDING ESTIMATE.Before executing a contract for 351 service for a household move, and at least 48 hours before the 352 scheduled time and date of a shipment of household goods, a 353 mover must provide a binding estimate. The binding estimate must 354 be based on a physical survey conducted under subsection (1), 355 unless waived pursuant to subsection (2). 356 (a)The shipper may waive the binding estimate if the 357 waiver is made by signed or electronic acknowledgment before the 358 commencement of the 48-hour period before the household goods 359 are loaded. The mover shall retain a copy of the waiver as an 360 addendum to the contract for services. To be enforceable, a 361 waiver executed under this paragraph must, at a minimum, include 362 a statement in uppercase type at least 5 points larger than, and 363 clearly distinguishable from, the rest of the text of the waiver 364 or release containing the statement. The exact statement to be 365 included in a waiver of a binding estimate to be used by all 366 movers must be determined by the department in rulemaking and 367 must include a delineation of the specific rights that a shipper 368 may lose by waiving the binding estimate. 369 (b)The shipper may also waive the 48-hour period if the 370 moving services requested commence within 48 hours after the 371 shippers initial contact with the mover contracted to perform 372 the moving services. 373 (c)At a minimum, the binding estimate must include all of 374 the following: 375 1.The table of measures or hourly quotation used by the 376 mover or the movers agent in preparing the binding estimate. 377 2.The date the binding estimate was prepared and the 378 proposed date of the move, if any. 379 3.An itemized breakdown and description of services, and 380 the total cost to the shipper of loading, transporting or 381 shipping, unloading, and accessorial services. 382 4.A statement that the estimate is binding on the mover 383 and the shipper and that the charges shown apply only to those 384 services specifically identified in the estimate. 385 5.Identification of acceptable forms of payment. 386 (d)The binding estimate must be signed or electronically 387 acknowledged by the mover and the shipper, and a copy must be 388 provided to the shipper by the mover at the time that the 389 binding estimate is signed or electronically acknowledged. 390 (e)A binding estimate may be amended by the mover only 391 before the scheduled loading of household goods for shipment 392 when the shipper has requested additional services of the mover 393 not previously disclosed in the original binding estimate, or 394 upon mutual agreement of the mover and the shipper. Once a mover 395 begins to load the household goods for a move, failure to 396 execute a new binding estimate signifies that the mover has 397 reaffirmed the original binding estimate. 398 (f)A mover may not collect more than the amount of the 399 binding estimate unless: 400 1.The shipper waives receipt of a binding estimate under 401 this subsection. 402 2.The shipper tenders additional household goods, requests 403 additional services, or requires services that are not 404 specifically included in the binding estimate, in which case the 405 mover may execute an addendum to the binding estimate describing 406 the additional household goods or need for additional services 407 and the associated charges in writing. The mover must allow the 408 shipper at least 1 hour to determine whether to execute the 409 addendum. The mover may require full payment at the destination 410 for the costs associated with the additional requested services 411 as provided in the addendum to the binding estimate. If the 412 shipper refuses to execute the addendum, the mover may refuse to 413 ship the additional goods or perform the additional services 414 requested. 415 3.The mover advises the shipper, in advance of 416 performance, that impracticable operations are essential to 417 properly perform the move. The mover must allow the shipper at 418 least 1 hour to determine whether to authorize the additional 419 services. 420 a.If the shipper agrees to pay for the impracticable 421 operations, the mover must execute a written addendum to the 422 contract for services, which must be signed or electronically 423 acknowledged by the shipper. The addendum may be delivered to 424 the shipper by personal delivery, facsimile, e-mail, overnight 425 courier, or certified mail, with return receipt requested. The 426 mover must bill the shipper for the agreed upon additional 427 services within 15 days after the delivery of those additional 428 services pursuant to s. 507.065. 429 b.If the shipper does not agree to pay for the additional 430 services, the mover may perform and, pursuant to s. 507.06, bill 431 the shipper for those additional services necessary to complete 432 the delivery. It is the movers burden to show that the 433 impracticable operations were necessary to properly perform the 434 move. 435 (g)A mover shall retain a copy of the binding estimate and 436 any addendums thereto for each move performed for at least 1 437 year after its preparation date as an attachment to the contract 438 for service. 439 (4)CONTRACT FOR SERVICE.Before providing any moving or 440 accessorial services, a mover must provide a contract for 441 service to the shipper, which the shipper must sign or 442 electronically acknowledge and date. 443 (a)At a minimum, the contract for service must include: 444 1.The name, telephone number, and physical address where 445 the movers employees are available during normal business 446 hours. 447 2.(2)The date the contract was or estimate is prepared and 448 the any proposed date of the move, if any. 449 3.(3)The name and address of the shipper, the addresses 450 where the articles are to be picked up and delivered, and a 451 telephone number where the shipper may be reached. 452 4.(4)The name, telephone number, and physical address of 453 any location where the household goods will be held pending 454 further transportation, including situations in which where the 455 mover retains possession of household goods pending resolution 456 of a fee dispute with the shipper. 457 5.(5)A binding estimate provided in accordance with 458 subsection (3) An itemized breakdown and description and total 459 of all costs and services for loading, transportation or 460 shipment, unloading, and accessorial services to be provided 461 during a household move or storage of household goods. 462 6.The total charges owed by the shipper based on the 463 binding estimate and the terms and conditions for their payment, 464 including any required minimum payment. 465 7.If the household goods are transported under an 466 agreement to collect payment upon delivery, the maximum payment 467 that the mover may demand at the time of delivery. 468 8.(6)Acceptable forms of payment, which must be clearly 469 and conspicuously disclosed to the shipper on the binding 470 estimate and the contract for services. A mover must shall 471 accept at least a minimum of two of the three following forms of 472 payment: 473 a.(a)Cash, cashiers check, money order, or travelers 474 check; 475 b.(b)Valid personal check, showing upon its face the name 476 and address of the shipper or authorized representative; or 477 c.(c)Valid credit card, which shall include, but not be 478 limited to, Visa or MasterCard. 479 480 A mover must clearly and conspicuously disclose to the shipper 481 in the estimate and contract for services the forms of payments 482 the mover will accept, including the forms of payment described 483 in paragraphs (a)-(c). 484 (b)Each addendum to the contract for service is an 485 integral part of the contract. 486 (c)A copy of the contract for service must accompany the 487 household goods whenever they are in the movers or the movers 488 agents possession. Before a vehicle being used for the move 489 leaves the point of origin, the driver responsible for the move 490 must have the contract for service in his or her possession. 491 (d)A mover shall retain a contract for service for each 492 move it performs for at least 1 year after the date the contract 493 for service was signed or electronically acknowledged. 494 Section 6.Section 507.054, Florida Statutes, is created to 495 read: 496 507.054Publication. 497 (1)The department shall prepare a publication that 498 includes a summary of the rights and responsibilities of, and 499 remedies available to, movers and shippers under this chapter. 500 The publication must include a statement that a movers failure 501 to relinquish household goods as required by this chapter 502 constitutes a felony of the third degree, punishable as provided 503 in s. 775.082, s. 775.083, or s. 775.084, that any other 504 violation of this chapter constitutes a misdemeanor of the first 505 degree, punishable as provided in s. 775.082 or s. 775.083, and 506 that any violation of this chapter constitutes a violation of 507 the Florida Deceptive and Unfair Trade Practices Act. The 508 publication must also include a notice to the shipper of the 509 potential risks of shipping sentimental or family heirloom 510 items. The department shall make the publication available to 511 the public on the departments website. 512 (2)A mover must provide an electronic or hard copy of the 513 departments publication to shippers at the physical survey or, 514 if the physical survey is timely waived by the shipper, before 515 contracting for the household move. 516 (3)A mover may customize the color, design, and dimension 517 of the front and back covers of the standard department 518 publication. If the mover customizes the publication, the 519 customized publication must include the content specified in 520 subsection (1) and meet the following requirements: 521 (a)The font size used must be at least 10 points, with the 522 exception that the following must appear prominently on the 523 front cover in at least 12-point boldface type: Your Rights and 524 Responsibilities When You Move. Furnished by Your Mover, as 525 Required by Florida Law. 526 (b)The size of the booklet must be at least 36 square 527 inches. 528 (4)The shipper must acknowledge receipt of the electronic 529 or hard copy of the publication by signed or electronic 530 acknowledgment in the contract. 531 Section 7.Section 507.055, Florida Statutes, is created to 532 read: 533 507.055Required disclosure and acknowledgment of rights 534 and remedies.Before executing a contract for service for a 535 move, a mover must provide to a prospective shipper all of the 536 following: 537 (1)The publication required under s. 507.054. 538 (2)A concise, easy-to-read, and accurate binding estimate 539 required under s. 507.05(3). 540 Section 8.Subsections (1) and (3) of section 507.06, 541 Florida Statutes, are amended, and subsection (4) is added to 542 that section, to read: 543 507.06Delivery and storage of household goods. 544 (1)On the agreed upon delivery date or within the 545 timeframe specified in the contract for service, a mover must 546 relinquish household goods to a shipper and must place the 547 household goods inside a shippers dwelling or, if directed by 548 the shipper, inside a storehouse or warehouse that is owned or 549 rented by the shipper or the shippers agent, unless the shipper 550 has not tendered payment pursuant to s. 507.065. This 551 requirement may be waived by the shipper in the amount specified 552 in a written contract or estimate signed and dated by the 553 shipper. A mover may not, under any circumstances, refuse to 554 relinquish prescription medicines and household goods for use by 555 children, including childrens furniture, clothing, or toys, 556 under any circumstances. 557 (3)A mover that lawfully fails to relinquish a shippers 558 household goods may place the goods in storage until payment in 559 accordance with s. 507.065 is tendered; however, the mover must 560 notify the shipper of the location where the goods are stored 561 and the amount due within 5 days after receipt of a written 562 request for that information from the shipper, which request 563 must include the address where the shipper may receive the 564 notice. A mover may not require a prospective shipper to waive 565 any rights or requirements under this section. 566 (4)If a mover becomes aware that it will be unable to 567 perform either the pickup or the delivery of household goods on 568 the date agreed upon or during the timeframe specified in the 569 contract for service due to circumstances not anticipated by the 570 contract, the mover must notify the shipper of the delay and 571 advise the shipper of the amended date or timeframe within which 572 the mover expects to pick up or deliver the household goods in a 573 timely manner. 574 Section 9.Section 507.065, Florida Statutes, is created to 575 read: 576 507.065Payment. 577 (1)Except as provided in s. 507.05(3), the maximum amount 578 that a mover may charge before relinquishing household goods to 579 a shipper is the exact amount of the binding estimate, unless 580 waived by the shipper. 581 (2)A mover must bill a shipper for any charges assessed 582 under this chapter which are not collected upon delivery of 583 household goods at their destination within 15 days after such 584 delivery. A mover may assess a late fee for any uncollected 585 charges if the shipper fails to make payment within 30 days 586 after receipt of the bill. 587 Section 10.Subsections (1), (4), and (5) and paragraphs 588 (a) and (b) of subsection (6) of section 507.07, Florida 589 Statutes, are amended to read: 590 507.07Violations.It is a violation of this chapter: 591 (1)To operate conduct business as a mover or moving 592 broker, or advertise to engage in violation the business of 593 moving or fail to comply with ss. 507.03-507.10, or any other 594 requirement under this chapter offering to move, without being 595 registered with the department. 596 (4)To increase the contracted cost fail to honor and 597 comply with all provisions of the contract for moving services 598 in any way other than provided for in this chapter or bill of 599 lading regarding the purchasers rights, benefits, and 600 privileges thereunder. 601 (5)To withhold delivery of household goods or in any way 602 hold household goods in storage against the expressed wishes of 603 the shipper if payment has been made as delineated in the 604 binding estimate or contract for services, or pursuant to this 605 chapter. 606 (6)(a)To include in any contract any provision purporting 607 to waive or limit any right or benefit provided to shippers 608 under this chapter. 609 (b)Unless expressly authorized by this chapter, to seek or 610 solicit a waiver or acceptance of limitation from a shipper 611 concerning rights or benefits provided under this chapter. 612 Section 11.Section 507.09, Florida Statutes, is amended to 613 read: 614 507.09Administrative remedies; penalties. 615 (1)The department may enter an order doing one or more of 616 the following if the department finds that a mover or moving 617 broker, or a person employed or contracted by a mover or broker, 618 has violated or is operating in violation of this chapter or the 619 rules or orders issued pursuant to this chapter: 620 (a)Issuing a notice of noncompliance under s. 120.695. 621 (b)Imposing an administrative fine in the Class II 622 category pursuant to s. 570.971 for each act or omission. 623 However, the department must impose an administrative fine in 624 the Class IV category for each violation of s. 507.07(9) if the 625 department does not seek a civil penalty for the same offense. 626 (c)Directing that the person cease and desist specified 627 activities. 628 (d)Refusing to register or revoking or suspending a 629 registration. 630 (e)Placing the registrant on probation, subject to the 631 conditions specified by the department. 632 (2)The department, upon notification and subsequent 633 written verification by a law enforcement agency, a court, a 634 state attorney, or the Department of Law Enforcement, must 635 immediately suspend a registration or the processing of an 636 application for a registration if the registrant, applicant, or 637 an officer or director of the registrant or applicant is 638 formally charged with a crime involving fraud, theft, larceny, 639 embezzlement, or fraudulent conversion or misappropriation of 640 property or a crime arising from conduct during a movement of 641 household goods until final disposition of the case or removal 642 or resignation of that officer or director. 643 (3)The administrative proceedings that which could result 644 in the entry of an order imposing any of the penalties specified 645 in subsection (1) or subsection (2) are governed by chapter 120. 646 (3)The department may adopt rules under ss. 120.536(1) and 647 120.54 to administer this chapter. 648 Section 12.Subsection (4) of section 507.10, Florida 649 Statutes, is amended to read: 650 507.10Civil penalties; remedies. 651 (4)Except as expressly authorized by this chapter, any 652 provision in a contract for services or bill of lading from a 653 mover or moving broker that purports to waive, limit, restrict, 654 or avoid any of the duties, obligations, or prescriptions of the 655 mover or broker, as provided in this chapter, is void. 656 Section 13.Section 507.11, Florida Statutes, is amended to 657 read: 658 507.11Criminal penalties. 659 (1)The refusal of a mover or a movers employee, agent, or 660 contractor to comply with an order from a law enforcement 661 officer to relinquish a shippers household goods after the 662 officer determines that the shipper has tendered payment in 663 accordance with s. 507.065 of the amount of a written estimate 664 or contract, or after the officer determines that the mover did 665 not produce a signed or electronically acknowledged binding 666 estimate or contract for service upon which demand is being made 667 for payment, is a felony of the third degree, punishable as 668 provided in s. 775.082, s. 775.083, or s. 775.084. A movers 669 compliance with an order from a law enforcement officer to 670 relinquish household goods to a shipper is not a waiver or 671 finding of fact regarding any right to seek further payment from 672 the shipper. 673 (2)Except as provided in subsection (1), any person or 674 business that violates this chapter commits a misdemeanor of the 675 first degree, punishable as provided in s. 775.082 or s. 676 775.083. 677 Section 14.Section 507.14, Florida Statutes, is created to 678 read: 679 507.14Rulemaking.The department shall adopt rules to 680 administer this chapter. 681 Section 15.This act shall take effect July 1, 2022.