Florida 2023 2023 Regular Session

Florida House Bill H0995 Introduced / Bill

Filed 02/21/2023

                       
 
HB 995  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0995-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to self -service storage facility 2 
liens; amending s. 83.806, F.S.; requiring the owner 3 
of a self-service storage space to provide certain 4 
notice to an alternative contact person under certain 5 
circumstances; reducing the number of times a certain 6 
advertisement must be published; authorizing the 7 
advertisement to be published on certain public 8 
websites; reducing the amount of time in which a sa le 9 
or other disposition must take place after publication 10 
of the advertisement; conforming provisions to changes 11 
made by the act; amending s. 83.808, F.S.; providing 12 
requirements for self -service storage space rental 13 
agreements and applications for rental agreements; 14 
providing an effective date. 15 
 16 
Be It Enacted by the Legislature of the State of Florida: 17 
 18 
 Section 1.  Subsections (1) and (4) and paragraph (e) of 19 
subsection (2) of section 83.806, Florida Statutes, are amended 20 
to read: 21 
 83.806  Enforcement of lien.—An owner's lien as provided in 22 
s. 83.805 may be satisfied as follows: 23 
 (1)(a) The owner tenant shall notify the tenant be 24 
notified by written notice delivered in person, by e -mail, or by 25     
 
HB 995  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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first-class mail with a certificate of mailing to the te nant's 26 
last known address and conspicuously posted at the self -service 27 
storage facility or on the self -contained storage unit. If the 28 
owner sends notice of a pending sale of property to the tenant's 29 
last known e-mail address and does not receive a response , 30 
return receipt, or delivery confirmation from the same e -mail 31 
address, the owner must send notice of the sale to the tenant by 32 
first-class mail with a certificate of mailing to the tenant's 33 
last known address before proceeding with the sale. 34 
 (b)  If the tenant provided the owner with the contact 35 
information of an alternative contact person in his or her 36 
rental agreement or application for a rental agreement, the 37 
owner must also provide the required notice under paragraph (a) 38 
to the alternative contact pe rson. 39 
 (2)  The notice shall include: 40 
 (e)  The name, street address, and telephone number of the 41 
owner whom the tenant or an alternative contact person, if 42 
applicable, may contact to respond to the notice. 43 
 (4)  After the expiration of the time given in t he notice, 44 
an advertisement of the sale or other disposition must shall be 45 
published once a week for 2 consecutive weeks in a newspaper of 46 
general circulation in the area where the self -service storage 47 
facility or self-contained storage unit is located or on a 48 
public website that customarily conducts or advertises personal 49 
property auctions. 50     
 
HB 995  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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 (a)  A lien sale may be conducted on a public website that 51 
customarily conducts personal property auctions. The facility or 52 
unit owner is not required to hold a licens e to post property 53 
for online sale. Inasmuch as any sale may involve property of 54 
more than one tenant, a single advertisement may be used to 55 
dispose of property at any one sale. 56 
 (b)  The advertisement must shall include: 57 
 1.  A brief and general descripti on of what is believed to 58 
constitute the personal property contained in the storage unit, 59 
as provided in paragraph (2)(b). 60 
 2.  The address of the self -service storage facility or the 61 
address where the self -contained storage unit is located and the 62 
name of the tenant. 63 
 3.  The time, place, and manner of the sale or other 64 
disposition. The sale or other disposition must shall take place 65 
at least 10 15 days after the first publication of the 66 
advertisement. 67 
 (c)  If there is no newspaper of general circulation in the 68 
area where the self-service storage facility or self -contained 69 
storage unit is located, the advertisement must shall be posted 70 
at least 10 days before the date of the sale or other 71 
disposition in at least three conspicuous places in the 72 
neighborhood where the self-service storage facility or self -73 
contained storage unit is located. 74 
 Section 2.  Subsection (4) is added to section 83.808, 75     
 
HB 995  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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Florida Statutes, to read: 76 
 83.808  Contracts.— 77 
 (4)  A rental agreement or an application for a rental 78 
agreement must contain a provision informing a tenant that he or 79 
she may provide the name, address, and e -mail address of an 80 
alternative contact person and that the alternative contact 81 
person may only be contacted for purposes of providing notice 82 
under s. 83.806(1) or as otherwise permitted by the rental 83 
agreement. The rental agreement or the application for the 84 
rental agreement must also inform the tenant that providing the 85 
name, address, and e -mail address of an alternative contact 86 
person does not give th at person an interest in the contents 87 
stored at the self-service storage facility or in the self -88 
contained storage unit. 89 
 Section 3.  This act shall take effect July 1, 2023. 90