Florida 2024 2024 Regular Session

Florida House Bill H0283 Introduced / Bill

Filed 10/26/2023

                       
 
HB 283  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0283-00 
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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.; revising written 3 
notice requirements relating to the satisfaction of an 4 
owner's lien; revising publication requirements 5 
relating to advertising the sale or other disposition 6 
of self-service storage facilities; amending s. 7 
83.808, F.S.; requiring that rental agreements 8 
authorize tenants to designate an optional alternate 9 
contact for purposes of providing specified notice; 10 
specifying that designating an alternate contact does 11 
not give such person an interest in the contents 12 
stored at a self-service storage facility or in a 13 
self-contained storage unit; providing an effective 14 
date. 15 
  16 
Be It Enacted by the Legislature of the State of Florida: 17 
 18 
 Section 1.  Subsections (1) and (4) of section 83.806, 19 
Florida Statutes, are amended to read: 20 
 83.806  Enforcement of lien. —An owner's lien as provided in 21 
s. 83.805 may be satisfied as follows: 22 
 (1)  The tenant must shall be notified by written notice 23 
delivered in person, by e -mail, or by first-class mail with a 24 
certificate of mailing to the tenant's last known address and 25     
 
HB 283  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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the last known address of the alternate contact person 26 
designated by the tenant under the rental agreement, if any, and 27 
conspicuously posted at the self -service storage facility or on 28 
the self-contained storage unit. If the owner sends notice of a 29 
pending sale of property to the tenant's and the alternate 30 
contact person's last known e-mail address and does not receive 31 
a response, return receipt, or delivery confirmation from the 32 
same e-mail address, the owner must send notice of the sale to 33 
the tenant and the alternate contact person by first-class mail 34 
with a certificate of mai ling to the tenant's and the alternate 35 
contact person's last known address before proceeding with the 36 
sale. 37 
 (4)  After the expiration of the time given in the notice, 38 
an advertisement of the sale or other disposition must shall be 39 
published once a week , for a full day, for 2 consecutive weeks 40 
in a newspaper of general circulation in the area in which where 41 
the self-service storage facility or self -contained storage unit 42 
is located or on a public website that customarily conducts or 43 
advertises personal prop erty auctions. 44 
 (a)  A lien sale may be conducted on a public website that 45 
customarily conducts personal property auctions. The facility or 46 
unit owner is not required to hold a license to post property 47 
for online sale. Inasmuch As any sale may involve prop erty of 48 
more than one tenant, a single advertisement may be used to 49 
dispose of property at any one sale. 50     
 
HB 283  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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 (b)  The advertisement must shall include: 51 
 1.  A brief and general description of what is believed to 52 
constitute the personal property contained in t he storage unit, 53 
as provided in paragraph (2)(b). 54 
 2.  The address of the self -service storage facility or the 55 
address at which where the self-contained storage unit is 56 
located and the name of the tenant. 57 
 3.  The time, place, and manner of the sale or oth er 58 
disposition. The sale or other disposition shall take place at 59 
least 15 days after the first publication. 60 
 (c)  If there is no newspaper of general circulation in the 61 
area in which where the self-service storage facility or self -62 
contained storage unit i s located and the owner does not publish 63 
the advertisement on a public website that customarily conducts 64 
or advertises personal property auctions , the advertisement must 65 
shall be posted at least 10 days before the date of the sale or 66 
other disposition in a t least three conspicuous places in the 67 
neighborhood in which where the self-service storage facility or 68 
self-contained storage unit is located. 69 
 Section 2.  Subsection (4) is added to section 83.808, 70 
Florida Statutes, to read: 71 
 83.808  Contracts.— 72 
 (4)  A rental agreement must contain a provision that 73 
authorizes the tenant to designate an optional alternate contact 74 
person. The alternate contact person may be contacted only for 75     
 
HB 283  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0283-00 
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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 
 
 
 
purposes of providing notice under s. 83.806(1) or as otherwise 76 
authorized by the rental agreement. Designating an alternate 77 
contact person does not give such person an interest in the 78 
contents stored at the self -service storage facility or in the 79 
self-contained storage unit. 80 
 Section 3.  This act shall take effect July 1, 2024. 81