Florida 2023 Regular Session

Florida House Bill H0995 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 995 2023
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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to self -service storage facility 2
16	16	liens; amending s. 83.806, F.S.; requiring the owner 3
17	17	of a self-service storage space to provide certain 4
18	18	notice to an alternative contact person under certain 5
19	19	circumstances; reducing the number of times a certain 6
20	20	advertisement must be published; authorizing the 7
21	21	advertisement to be published on certain public 8
22	22	websites; reducing the amount of time in which a sa le 9
23	23	or other disposition must take place after publication 10
24	24	of the advertisement; conforming provisions to changes 11
25	25	made by the act; amending s. 83.808, F.S.; providing 12
26	26	requirements for self -service storage space rental 13
27	27	agreements and applications for rental agreements; 14
28	28	providing an effective date. 15
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30	30	Be It Enacted by the Legislature of the State of Florida: 17
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32	32	Section 1. Subsections (1) and (4) and paragraph (e) of 19
33	33	subsection (2) of section 83.806, Florida Statutes, are amended 20
34	34	to read: 21
35	35	83.806 Enforcement of lien.—An owner's lien as provided in 22
36	36	s. 83.805 may be satisfied as follows: 23
37	37	(1)(a) The owner tenant shall notify the tenant be 24
38	38	notified by written notice delivered in person, by e -mail, or by 25
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40	40	HB 995 2023
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44	44	CODING: Words stricken are deletions; words underlined are additions.
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47	47	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
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51	51	first-class mail with a certificate of mailing to the te nant's 26
52	52	last known address and conspicuously posted at the self -service 27
53	53	storage facility or on the self -contained storage unit. If the 28
54	54	owner sends notice of a pending sale of property to the tenant's 29
55	55	last known e-mail address and does not receive a response , 30
56	56	return receipt, or delivery confirmation from the same e -mail 31
57	57	address, the owner must send notice of the sale to the tenant by 32
58	58	first-class mail with a certificate of mailing to the tenant's 33
59	59	last known address before proceeding with the sale. 34
60	60	(b) If the tenant provided the owner with the contact 35
61	61	information of an alternative contact person in his or her 36
62	62	rental agreement or application for a rental agreement, the 37
63	63	owner must also provide the required notice under paragraph (a) 38
64	64	to the alternative contact pe rson. 39
65	65	(2) The notice shall include: 40
66	66	(e) The name, street address, and telephone number of the 41
67	67	owner whom the tenant or an alternative contact person, if 42
68	68	applicable, may contact to respond to the notice. 43
69	69	(4) After the expiration of the time given in t he notice, 44
70	70	an advertisement of the sale or other disposition must shall be 45
71	71	published once a week for 2 consecutive weeks in a newspaper of 46
72	72	general circulation in the area where the self -service storage 47
73	73	facility or self-contained storage unit is located or on a 48
74	74	public website that customarily conducts or advertises personal 49
75	75	property auctions. 50
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	84	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
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88	88	(a) A lien sale may be conducted on a public website that 51
89	89	customarily conducts personal property auctions. The facility or 52
90	90	unit owner is not required to hold a licens e to post property 53
91	91	for online sale. Inasmuch as any sale may involve property of 54
92	92	more than one tenant, a single advertisement may be used to 55
93	93	dispose of property at any one sale. 56
94	94	(b) The advertisement must shall include: 57
95	95	1. A brief and general descripti on of what is believed to 58
96	96	constitute the personal property contained in the storage unit, 59
97	97	as provided in paragraph (2)(b). 60
98	98	2. The address of the self -service storage facility or the 61
99	99	address where the self -contained storage unit is located and the 62
100	100	name of the tenant. 63
101	101	3. The time, place, and manner of the sale or other 64
102	102	disposition. The sale or other disposition must shall take place 65
103	103	at least 10 15 days after the first publication of the 66
104	104	advertisement. 67
105	105	(c) If there is no newspaper of general circulation in the 68
106	106	area where the self-service storage facility or self -contained 69
107	107	storage unit is located, the advertisement must shall be posted 70
108	108	at least 10 days before the date of the sale or other 71
109	109	disposition in at least three conspicuous places in the 72
110	110	neighborhood where the self-service storage facility or self -73
111	111	contained storage unit is located. 74
112	112	Section 2. Subsection (4) is added to section 83.808, 75
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121	121	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
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125	125	Florida Statutes, to read: 76
126	126	83.808 Contracts.— 77
127	127	(4) A rental agreement or an application for a rental 78
128	128	agreement must contain a provision informing a tenant that he or 79
129	129	she may provide the name, address, and e -mail address of an 80
130	130	alternative contact person and that the alternative contact 81
131	131	person may only be contacted for purposes of providing notice 82
132	132	under s. 83.806(1) or as otherwise permitted by the rental 83
133	133	agreement. The rental agreement or the application for the 84
134	134	rental agreement must also inform the tenant that providing the 85
135	135	name, address, and e -mail address of an alternative contact 86
136	136	person does not give th at person an interest in the contents 87
137	137	stored at the self-service storage facility or in the self -88
138	138	contained storage unit. 89
139	139	Section 3. This act shall take effect July 1, 2023. 90