Florida 2023 2023 Regular Session

Florida Senate Bill S1108 Analysis / Analysis

Filed 03/28/2023

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Commerce and Tourism  
 
BILL: CS/SB 1108 
INTRODUCER: Commerce and Tourism Committee and Senator Hooper 
SUBJECT:  Fees/Moving Brokers 
DATE: March 28, 2023 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. McMillan McKay CM Fav/CS 
2.     AEG   
3.     FP  
 
Please see Section IX. for Additional Information: 
COMMITTEE SUBSTITUTE - Technical Changes 
 
I. Summary: 
CS/SB 1108 requires registration fees to be calculated at the rate of $600 per year, per moving 
broker. Currently, s. 507.03, F.S., provides that each mover and moving broker must register 
with the Department of Agriculture and Consumer Services (Department) and registration fees 
are calculated at the rate of $300 per year per mover or moving broker. All amounts collected are 
deposited by the Chief Financial Officer to the credit of the Department’s General Inspection 
Trust Fund. 
 
SB 1106 is a linked bill that amends ch. 507, F.S., to broaden protections for consumers who use 
intrastate moving services. 
 
See Section V, Fiscal Impact Statement. 
 
The bill is effective on the same date that SB 1106 or similar legislation takes effect, if such 
legislation is adopted in the same legislative session or any extension and becomes a law. 
II. Present Situation: 
Florida (Intrastate) Mover Regulations 
Chapter 507, F.S., governs the loading, transportation, shipment, unloading, and affiliated 
storage of household goods as part of intrastate household moves. The chapter applies to any 
REVISED:   BILL: CS/SB 1108   	Page 2 
 
mover or moving broker engaged in intrastate transportation or shipment of household goods that 
originates and terminates in Florida.
1
 These regulations co-exist with federal law, which governs 
interstate moving of household goods.
2
 
 
A “mover” is a person who, for compensation, contracts for or engages in the loading, 
transportation, shipment, or unloading of household goods as part of a household move.
3
 A 
“moving broker” arranges for another person to load, transport, ship, or unload household goods 
as part of a household move or who refers a shipper to a mover by telephone, postal, or 
electronic mail, website, or other means.
4
  
 
Movers and moving brokers who do business in Florida must register annually with the 
Department of Agriculture and Consumer Services (Department).
5
 As of March 21, 2023, there 
were 1,792 movers and 48 moving brokers with active Florida registrations.
6
 In order to obtain a 
registration certificate, the mover or moving broker must file an application, pay a $300 annual 
registration fee, and meet certain statutory qualifications, including proof of insurance coverage.
7
 
III. Effect of Proposed Changes: 
The bill requires registration fees to be calculated at the rate of $600 per year per moving broker.  
 
The bill is effective on the same date that SB 1106 or similar legislation takes effect, if such 
legislation is adopted in the same legislative session or any extension and becomes a law. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
                                                
1
 Section 507.02, F.S. 
2
 Interstate movers in the U.S. must be licensed by the Department of Transportation’s Federal Motor Carrier Safety 
Administration (FMCSA). 
3
 Section 507.01(9), F.S. 
4
 Section 507.01(10), F.S. 
5
 Florida Department of Agriculture and Consumer Services (FDACS), Moving Companies: Who has to Register?, available 
at https://www.fdacs.gov/Business-Services/Moving-Companies (last visited Mar. 28, 2023). 
6
 FDACS, License/Complaint Lookup, available at https://csapp.fdacs.gov/cspublicapp/businesssearch/businesssearch.aspx 
(last visited Mar. 28, 2023). Search by “program.” 
7
 Section 507.03, F.S.   BILL: CS/SB 1108   	Page 3 
 
D. State Tax or Fee Increases: 
Section 19, Art. VII of the State Constitution limits the authority of the legislature to 
enact legislation that imposes or raises a state tax or fee by requiring such legislation to 
be approved by a 2/3 vote of each chamber of the legislature. Such state tax or fee 
imposed, authorized, or raised must be contained in a separate bill that contains no other 
subject. For purposes of this limitation, the term “fee” is defined, in pertinent part, to 
mean any charge or payment required by law, including any fee for service, fee or cost 
for licenses, and charge for service. 
E. Other Constitutional Issues: 
None. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
The bill requires registration fees to be calculated at the rate of $600 per year, per moving 
broker. Currently, the fee for a moving broker is $300 per year.  
B. Private Sector Impact: 
Beginning July 1, 2023, moving brokers in Florida will be required to pay registration 
fees at the rate of $600 per year per moving broker.  
C. Government Sector Impact: 
None. 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
As required for all fee bills linked to a substantive bill, a technical amendment is required to 
insert the number of the linked bill SB 1106. Staff has prepared the required technical 
amendment to insert the linked bill number into the bill.  
VIII. Statutes Affected: 
This bill substantially amends section 507.03 of the Florida Statutes. 
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
  BILL: CS/SB 1108   	Page 4 
 
CS by Commerce and Tourism on March 27, 2023: 
The committee substitute provides that the bill will take effect on the same date that SB 
1106 or similar legislation takes effect. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.