§ 20-176.92. Registration required; denial, suspension, and revocation of registration certificates.

(a)

No person shall engage in business or advertise to engage in the business of moving or offering to move any person in Broward County as a mover of household goods without first obtaining a registration certificate from CAD and maintaining such registration certificate as required.

(b)

Each mover shall register every year with the CAD and, where applicable, provide to the CAD: its legal business and trade name, current mailing address, and current business location for each place from which the mover operates either a main or branch office; a designation of which location constitutes its principal place of business; the full names, current mailing addresses, current telephone numbers, and social security numbers or federal tax identification numbers of its owners or corporate officers and directors; the Florida registered agent of the corporation; a statement listing the names of any other corporations, entities, or trade names through which any owner, corporate officer or director of the registrant was known or did business as a mover within the five (5) calendar years immediately preceding the year in which the mover is submitting the application for registration; proof of vehicle liability insurance and general liability insurance; the Vehicle Identification Number ("VIN"), license tag number, and gross weight of each commercial motor vehicle operated by the mover; the number of employees who are currently employed; proof of workers' compensation insurance coverage required by Chapter 440, F.S., a state certificate of exemption, or a letter from the mover indicating that no such workers' compensation is necessary; and proof of all insurance required by section 20-176.94.

(c)

Any mover desiring to change its registered name, business location, or registered agent shall notify the CAD of such change. No registration shall be valid for any mover under any other name or at any place other than that designated in the registration unless the CAD is notified in writing within thirty (30) days of the change. A registration is not transferable or assignable.

(d)

The CAD shall require any person desiring to obtain a registration as a mover to do so on forms prescribed by the CAD. Renewal of registrations may be staggered by the CAD to facilitate the workload. When obtaining a registration, changing a registration, or renewing a registration, each mover shall furnish to the CAD a fee. All fees shall be established by resolution of the Commission.

(e)

The CAD shall issue to each registrant a registration certificate in the form and size prescribed by the CAD. Such certificate shall be prominently displayed to the public in the mover's primary place of business. The registration number appearing on the registration certificate shall appear on all advertisements, including telephone listings in any and all "Yellow Pages"; on all forms; and on all commercial motor vehicles of the mover.

(f)

The criteria for issuance of a registration certificate shall be compliance by the applicant with all the applicable provisions of this division and submission to the CAD of a completed application for registration and applicable fees. Registration certificates may be issued by the CAD subject to such conditions, limitations, and restrictions imposed by the CAD as the CAD deems necessary to protect customers and consumers, provided such conditions, limitations, and restrictions are consistent with the provisions of this division. Violation of such a condition, limitation, or restriction of a registration certificate shall be a violation of this division. The CAD may deny or refuse to renew the registration of any mover based upon a determination that a mover or any of its directors, officers, owners, or general partners:

(1)

Has failed to meet the requirements for initial application or renewal as provided in this section;

(2)

Has been convicted of a crime involving fraud or dishonest dealing involving transportation for hire;

(3)

Has not satisfied a civil fine or penalty arising out of any administrative or enforcement action brought by any governmental agency or private person based upon conduct involving fraud or dishonest dealing, or any violation of this division;

(4)

Has pending against it, him or her any criminal, administrative, or enforcement proceedings in any jurisdiction, based upon conduct involving fraud or dishonest dealing, or any violation of this division; or

(5)

Has had a judgment or administrative order entered against it, him or her in any action brought by the CAD under the provisions of this division.

(g)

Any registration made under this part by any mover based upon the presentation by such mover of false identification or information, or identification not current with respect to name, address, and place of employment, or any other fact material to such registration, shall be void.

(h)

The CAD may revoke or suspend a registration certificate issued pursuant to the provisions of this division if the CAD determines that the applicant or registrant has:

(1)

Violated any provision of this division;

(2)

Misrepresented or concealed a fact on the application, renewal application or replacement application for a registration certificate;

(3)

Aided or abetted a person who has not obtained a registration certificate to evade or avoid the provisions of this division;

(4)

Engaged in any conduct as part of the performance of a contract for service which constitutes fraud;

(5)

Violated any condition, limitation, or restriction of a registration certificate imposed by the CAD;

(6)

Has been convicted of a crime involving fraud or dishonest dealing involving transportation for hire; or

(7)

Failed to comply with the terms of a cease and desist order, notice to correct a violation, written assurance of compliance, or any other lawful order of the director, the CAD, or the Consumer Protection Board.

(8)

Advertised its business without first obtaining proper licensure from the Broward County Consumer Affairs Division.

(Ord. No. 94-34, § 1, 7-12-94; Ord. No. 2001-08, § 2, 3-13-01)