The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 507
HOUSEHOLD MOVING SERVICES

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F.S. 507.07

507.07 Violations.—It is a violation of this chapter:

(1) To conduct business as a mover or moving broker, or advertise to engage in the business of moving or offering to move, without being registered with the department.

(2) To knowingly make any false statement, representation, or certification in any application, document, or record required to be submitted or retained under this chapter.

(3) To misrepresent or deceptively represent:

(a) The contract for services, bill of lading, or inventory of household goods for the move estimated.

(b) The timeframe or schedule for delivery or storage of household goods estimated.

(d) The nature or extent of other goods, services, or amenities offered.

(e) A shipper’s rights, privileges, or benefits.

(4) To fail to honor and comply with all provisions of the contract for services or bill of lading regarding the purchaser’s rights, benefits, and privileges thereunder.

(5) To withhold delivery of household goods or in any way hold goods in storage against the expressed wishes of the shipper if payment has been made as delineated in the estimate or contract for services.

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

(b) To seek or solicit a waiver or acceptance of limitation from a shipper concerning rights or benefits provided under this chapter.

(c) To use a local mailing address, registration facility, drop box, or answering service in the promotion, advertising, solicitation, or sale of contracts, unless the mover’s, and, if applicable, the moving broker’s, fixed business address is clearly disclosed during any telephone solicitation and is prominently and conspicuously disclosed on all solicitation materials and on the contract.

(d) To commit any other act of fraud, misrepresentation, or failure to disclose a material fact.

(e) To refuse or fail, or for any of the mover’s or broker’s principal officers to refuse or fail, after notice, to produce any document or record or disclose any information required to be produced or disclosed.

(f) To knowingly make a false statement in response to any request or investigation by the department, the Department of Legal Affairs, or the state attorney.

(7) For a moving broker to enter into a contract or agreement for moving, loading, shipping, transporting, or unloading services with a mover who is not registered with the department pursuant to this chapter.

(8) For a mover to enter into a contract or agreement for moving, loading, shipping, transporting, or unloading services with a moving broker who is not registered with the department pursuant to this chapter.

(9) For a mover or a moving broker to knowingly refuse or fail to disclose in writing to a customer before a household move that the mover, or an employee or subcontractor of the mover or moving broker, who has access to the dwelling or property of the customer, including access to give a quote for the move, has been convicted of a felony listed in s. 775.21(4)(a)1. or convicted of a similar offense of another jurisdiction, regardless of when such felony offense was committed.

History.—s. 7, ch. 2002-53; s. 9, ch. 2006-4; s. 3, ch. 2011-121; s. 25, ch. 2013-251; s. 2, ch. 2017-79.

F.S. 507.07 on Google Scholar

F.S. 507.07 on Casetext

Amendments to 507.07

Arrestable Offenses / Crimes under Fla. Stat. 507.07

Level: Degree
Misdemeanor/Felony: First/Second/Third

S507.07 - PUBLIC ORDER CRIMES - MOVER OR BROKER VIOL MOVING REGS - M: F

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE SHELLS SEAFOOD RESTAURANT, INC., 544 B.R. 228 (Bankr. M.D. Fla. 2015)

. . . Corp., 95 B.R. at 259 (citing 3 Collier on Bankruptcy ¶ 507.07 (15th ed.1988)). . . . .

In CHATEAUGAY CORPORATION, LTV AETNA CASUALTY AND SURETY COMPANY, v. CLERK, U. S. BANKRUPTCY COURT, NEW YORK, NY, LTV, 89 F.3d 942 (2d Cir. 1996)

. . . that appear in other Code provisions to account for the 1984 Amendments.” 3 Collier on Bankruptcy ¶ 507.07 . . .

In CHATEAUGAY CORPORATION, LTV AETNA CASUALTY AND SURETY COMPANY, v. CLERK, U. S. BANKRUPTCY COURT, NEW YORK, NY, LTV, 89 F.3d 936 (2d Cir. 1996)

. . . that appear in other Code provisions to account for the 1984 Amendments.” 3 Collier on Bankruptcy ¶ 507.07 . . .

In CHALK LINE MANUFACTURING, INC., 181 B.R. 605 (Bankr. N.D. Ala. 1995)

. . . party making the payment and in the discharge of some existing liability. 3 Collier on Bankruptcy at ¶ 507.07 . . .

In UNION MEETING PARTNERS, a, 178 B.R. 664 (Bankr. E.D. Pa. 1995)

. . . See also 3 COLLIER ON BANKRUPTCY, ¶ 507.07, at 507-48 (15th ed. 1994). . . . .

In CHATEAUGAY CORPORATION, LTV, 177 B.R. 176 (S.D.N.Y. 1995)

. . . ) that appear in other Code provisions to account for the 198k Amendments 3 Collier on Bankruptcy ¶ 507.07 . . .

In MID- AMERICAN TRAVEL SERVICE, INC. d b a, 145 B.R. 969 (Bankr. E.D. Ark. 1992)

. . . Inc.), 15 B.R. 616 (Bankr.D.Nev.1981); 3 Collier on Bankruptcy ¶ 507.07 (15th ed. 1991). . . .

In B. WISE, ALASKA TEAMSTER- EMPLOYER PENSION TRUST, v. B. WISE,, 120 B.R. 537 (Bankr. D. Alaska 1990)

. . . Missionary Baptist Foundation of America, Inc., 667 F.2d 1244 (5th Cir.1982) and 3 Collier on Bankruptcy ¶ 507.07 . . .

CREDITOR S COMMITTEE v. COMMONWEALTH OF MASSACHUSETTS, DEPARTMENT OF REVENUE,, 105 B.R. 145 (D. Mass. 1989)

. . . See 3 Collier on Bankruptcy at § 507.07. . . . amendments to section 507(d) and, therefore, did not address this problem. 3 Collier on Bankruptcy at ¶ 507.07 . . .

In RETSOD, INC. a DESMOND d b a d b a d b a POFOC, a v. RETSOD, INC., 99 B.R. 499 (Bankr. M.D. Ga. 1989)

. . . as-signee, as volunteer, should derive the benefits given to the assignor. 3 Collier on Bankruptcy H 507.07 . . .

In BEVERAGES INTERNATIONAL LTD. d b a N. P. In N. P. BEVERAGES CORP. f k a CREDITORS COMMITTEE AND TRUSTEES OF BEVERAGES INTERNATIONAL, LTD. CREDITORS TRUST, v. COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF REVENUE,, 96 B.R. 407 (Bankr. D. Mass. 1989)

. . . section 507(a)(7) (erroneously referred to in the statute as 507(a)(6).” 3 Collier on Bankruptcy 11 507.07 . . .

In PARIS INDUSTRIES CORPORATION,, 95 B.R. 258 (Bankr. D. Me. 1989)

. . . employees were not required to “await the unfolding of the bankruptcy process.” 3 Collier on Bankruptcy, ¶ 507.07 . . .

In TED TRUE, INC. W., 94 B.R. 423 (Bankr. N.D. Tex. 1988)

. . . when it states that § 507(d) does not speak to the issue of assigned claims. 3 Collier on Bankruptcy ¶ 507.07 . . .

In TENTEX MARINE, INC., 83 B.R. 530 (Bankr. W.D. Tenn. 1988)

. . . See, 3 Collier on Bankruptcy, paragraph 507.07 (15th Ed.1987); In re All Star Sports, Inc., 78 B.R. 281 . . . payment and in discharge of some existing liability.” 3 Collier on Bankruptcy, supra, at paragraph 507.07 . . .

In ALL STAR SPORTS, INC., 78 B.R. 281 (Bankr. D. Nev. 1987)

. . . King, Collier on Bankruptcy, section 507.07 at 507-50. (15th ed. 1986) ("Subrogation with respect to . . .

A. LOCK, v. D. JENKINS,, 634 F. Supp. 615 (N.D. Ind. 1986)

. . . Costs requested reimbursement for the following items in the following amounts: Fees for Witnesses $ 507.07 . . .

EATON, v. COAL PAR OF WEST VIRGINIA, INC., 580 F. Supp. 572 (S.D. Fla. 1984)

. . . For a registration violation under section 507.07 [sic] or section 517.12, the purchaser has the option . . .

In STEVCOKNIT, INC. NCNB FINANCIAL SERVICES, INC. v. STEVCOKNIT, INC. Co. Co. Co., 28 B.R. 520 (Bankr. S.D.N.Y. 1983)

. . . been noted that § 507(d) “does not speak to the issue of assigned claims.” 3 Collier on Bankruptcy ¶ 507.07 . . .

In A. WALSEY,, 29 B.R. 328 (Bankr. N.D. Ga. 1983)

. . . Collier on Bankruptcy ¶ 507.07 at 507-49 (15th ed. 1982). (Emphasis added). . . . Citing 3 Collier on Bankruptcy ¶ 507.07 at 507-49 (15th ed. 1982). . . .

In Re MISSIONARY BAPTIST FOUNDATION OF AMERICA, INC. B. WILSON, v. BROOKS SUPERMARKET, INC., 667 F.2d 1244 (5th Cir. 1982)

. . . 1980); Cowans, Cowans Bankruptcy Law and Practice 327 (Interim ed. 1980); 3 Collier on Bankruptcy ¶ 507.07 . . .

In MISSIONARY BAPTIST FOUNDATION OF AMERICA, INC. B. WILSON, v. BROOKS SUPERMARKET, INC., 667 F.2d 1244 (5th Cir. 1982)

. . . 1980); Cowans, Cowans Bankruptcy Law and Practice 327 (Interim ed. 1980); 3 Collier on Bankruptcy ¶ 507.07 . . .

In WOERNER, d b a f d b a s WOERNER d b a d b a v. FARMERS ALLIANCE MUTUAL INSURANCE CO. A, 19 B.R. 708 (Bankr. D. Kan. 1982)

. . . priority status given the claimant to which the subrogee is subrogated. 3 Collier on Bankruptcy, supra, ¶ 507.07 . . . Collier on Bankruptcy, supra, ¶ 507.07 at 507-49. . . .