Florida Statutes 507.10 – Civil penalties; remedies
Current as of: 2023 | Check for updates
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Terms Used In Florida Statutes 507.10
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- bill of lading: means a written document approved by the shipper in writing before the performance of any service which authorizes services from the named mover and lists the services and all costs associated with the household move and accessorial services to be performed. See Florida Statutes 507.01
- broker: means a person who, for compensation, arranges for another person to load, transport or ship, or unload household goods as part of a household move or who, for compensation, refers a shipper to a mover by telephone, postal or electronic mail, Internet website, or other means. See Florida Statutes 507.01
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 507.01
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Mover: means a person who, for compensation, contracts for or engages in the loading, transportation or shipment, or unloading of household goods as part of a household move. See Florida Statutes 507.01
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Shipper: means a person who uses the services of a mover to transport or ship household goods as part of a household move. See Florida Statutes 507.01
(1) The department may institute a civil action in a court of competent jurisdiction to recover any penalties or damages authorized in this chapter and for injunctive relief to enforce compliance with this chapter.
(2) The department may seek a civil penalty in the Class II category pursuant to s. 570.971 for each violation of this chapter. However, the department must seek a civil penalty in the Class IV category for each violation of s. 507.07(9) if the department does not impose an administrative fine for the same offense.
(3) The department may seek restitution for and on behalf of any shipper aggrieved or injured by a violation of this chapter.
(4) Any provision in a contract for services or bill of lading from a mover or moving broker that purports to waive, limit, restrict, or avoid any of the duties, obligations, or prescriptions of the mover or broker, as provided in this chapter, is void.
(5) The remedies provided in this chapter are in addition to any other remedies available for the same conduct, including those provided in local ordinances.
(6) Upon motion of the department in any action brought under this chapter, the court may make appropriate orders, including appointment of a master or receiver or sequestration of assets, to reimburse shippers found to have been damaged, to carry out a consumer transaction in accordance with the shipper’s reasonable expectations, or to grant other appropriate relief.