FL
Florida House Bill H0283

Florida 2024 Regular Session

Florida House Bill H0283 Compare Versions

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1010 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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1414 A bill to be entitled 1
1515 An act relating to self -service storage facility 2
1616 liens; amending s. 83.806, F.S.; revising written 3
1717 notice requirements relating to the satisfaction of an 4
1818 owner's lien; revising publication requirements 5
1919 relating to advertising the sale or other disposition 6
2020 of self-service storage facilities; amending s. 7
2121 83.808, F.S.; requiring that rental agreements 8
2222 authorize tenants to designate an optional alternate 9
2323 contact for purposes of providing specified notice; 10
2424 specifying that designating an alternate contact does 11
2525 not give such person an interest in the contents 12
2626 stored at a self-service storage facility or in a 13
27-self-contained storage unit; requiring that rental 14
28-agreements include a specified warning; providing an 15
29-effective date. 16
30- 17
31-Be It Enacted by the Legislature of the State of Florida: 18
32- 19
33- Section 1. Subsections (1) and (4) of section 83.806, 20
34-Florida Statutes, are amended, and paragraph (f) is added to 21
35-subsection (2) of that section, to read: 22
36- 83.806 Enforcement of lien. —An owner's lien as provided in 23
37-s. 83.805 may be satisfied as follows: 24
38- (1) The tenant must shall be notified by written notice 25
27+self-contained storage unit; providing an effective 14
28+date. 15
29+ 16
30+Be It Enacted by the Legislature of the State of Florida: 17
31+ 18
32+ Section 1. Subsections (1) and (4) of section 83.806, 19
33+Florida Statutes, are amended to read: 20
34+ 83.806 Enforcement of lien. —An owner's lien as provided in 21
35+s. 83.805 may be satisfied as follows: 22
36+ (1) The tenant must shall be notified by written notice 23
37+delivered in person, by e -mail, or by first-class mail with a 24
38+certificate of mailing to the tenant's last known address and 25
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4747 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-delivered in person, by e -mail, or by first-class mail with a 26
52-certificate of mailing to the tenant's last known address and 27
53-the last known address of the alternate contact person 28
54-designated by the tenant under the rental agreement, if any, and 29
55-conspicuously posted at the self -service storage facility or on 30
56-the self-contained storage unit. If the owner sends notice of a 31
57-pending sale of property to the tenant's and the alternate 32
58-contact person's last known e-mail address and does not receive 33
59-a response, return receipt, or delivery confirmation from the 34
60-same e-mail address, the ow ner must send notice of the sale to 35
61-the tenant and the alternate contact person by first-class mail 36
62-with a certificate of mailing to the tenant's and the alternate 37
63-contact person's last known address before proceeding with the 38
64-sale. 39
65- (2) The notice shall include: 40
66- (f) If the advertisement for sale will be published on a 41
67-public website that customarily conducts or advertises personal 42
68-property auctions, the name of the website on which the 43
69-advertisement will be published. 44
70- (4) After the expiration of the t ime given in the notice, 45
71-an advertisement of the sale or other disposition must shall be 46
72-published once a week for 2 consecutive weeks in a newspaper of 47
73-general circulation in the area in which where the self-service 48
74-storage facility or self -contained storage unit is located or 49
75-for 7 consecutive full days on a public website that customarily 50
51+the last known address of the alternate contact person 26
52+designated by the tenant under the rental agreement, if any, and 27
53+conspicuously posted at the self -service storage facility or on 28
54+the self-contained storage unit. If the owner sends notice of a 29
55+pending sale of property to the tenant's and the alternate 30
56+contact person's last known e-mail address and does not receive 31
57+a response, return receipt, or delivery confirmation from the 32
58+same e-mail address, the owner must send notice of the sale to 33
59+the tenant and the alternate contact person by first-class mail 34
60+with a certificate of mai ling to the tenant's and the alternate 35
61+contact person's last known address before proceeding with the 36
62+sale. 37
63+ (4) After the expiration of the time given in the notice, 38
64+an advertisement of the sale or other disposition must shall be 39
65+published once a week , for a full day, for 2 consecutive weeks 40
66+in a newspaper of general circulation in the area in which where 41
67+the self-service storage facility or self -contained storage unit 42
68+is located or on a public website that customarily conducts or 43
69+advertises personal prop erty auctions. 44
70+ (a) A lien sale may be conducted on a public website that 45
71+customarily conducts personal property auctions. The facility or 46
72+unit owner is not required to hold a license to post property 47
73+for online sale. Inasmuch As any sale may involve prop erty of 48
74+more than one tenant, a single advertisement may be used to 49
75+dispose of property at any one sale. 50
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8484 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-conducts or advertises personal property auctions . 51
89- (a) A lien sale may be conducted on a public website that 52
90-customarily conducts personal property auctions. The faci lity or 53
91-unit owner is not required to hold a license to post property 54
92-for online sale. Inasmuch As any sale may involve property of 55
93-more than one tenant, a single advertisement may be used to 56
94-dispose of property at any one sale. 57
95- (b) The advertisement must shall include: 58
96- 1. A brief and general description of what is believed to 59
97-constitute the personal property contained in the storage unit, 60
98-as provided in paragraph (2)(b). 61
99- 2. The address of the self -service storage facility or the 62
100-address at which where the self-contained storage unit is 63
101-located and the name of the tenant. 64
102- 3. The time, place, and manner of the sale or other 65
103-disposition. The sale or other disposition shall take place at 66
104-least 15 days after the first publication. 67
105- (c) If there is no ne wspaper of general circulation in the 68
106-area in which where the self-service storage facility or self -69
107-contained storage unit is located and the owner does not publish 70
108-the advertisement on a public website that customarily conducts 71
109-or advertises personal prop erty auctions, the advertisement must 72
110-shall be posted at least 10 days before the date of the sale or 73
111-other disposition in at least three conspicuous places in the 74
112-neighborhood in which where the self-service storage facility or 75
88+ (b) The advertisement must shall include: 51
89+ 1. A brief and general description of what is believed to 52
90+constitute the personal property contained in t he storage unit, 53
91+as provided in paragraph (2)(b). 54
92+ 2. The address of the self -service storage facility or the 55
93+address at which where the self-contained storage unit is 56
94+located and the name of the tenant. 57
95+ 3. The time, place, and manner of the sale or oth er 58
96+disposition. The sale or other disposition shall take place at 59
97+least 15 days after the first publication. 60
98+ (c) If there is no newspaper of general circulation in the 61
99+area in which where the self-service storage facility or self -62
100+contained storage unit i s located and the owner does not publish 63
101+the advertisement on a public website that customarily conducts 64
102+or advertises personal property auctions , the advertisement must 65
103+shall be posted at least 10 days before the date of the sale or 66
104+other disposition in a t least three conspicuous places in the 67
105+neighborhood in which where the self-service storage facility or 68
106+self-contained storage unit is located. 69
107+ Section 2. Subsection (4) is added to section 83.808, 70
108+Florida Statutes, to read: 71
109+ 83.808 Contracts.— 72
110+ (4) A rental agreement must contain a provision that 73
111+authorizes the tenant to designate an optional alternate contact 74
112+person. The alternate contact person may be contacted only for 75
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121121 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-self-contained storage unit is located. 76
126- Section 2. Subsection (4) is added to section 83.808, 77
127-Florida Statutes, to read: 78
128- 83.808 Contracts.— 79
129- (4) A rental agreement must contain the following: 80
130- (a) A provision authorizing the tenant to designate an 81
131-optional alternate contact person, which person may be contacted 82
132-only for purposes of providing notice under s. 83.806(1) or as 83
133-otherwise authorized by the rental agreement. Designating an 84
134-alternate contact person does not give such person an interest 85
135-in the contents stored at the s elf-service storage facility or 86
136-in the self-contained storage unit. 87
137- (b) A warning that, if the property is advertised for sale 88
138-or other disposition, a description of what is believed to 89
139-constitute the personal property contained in the storage unit 90
140-will be published in the advertisement. 91
141- Section 3. This act shall take effect July 1, 2024. 92
125+purposes of providing notice under s. 83.806(1) or as otherwise 76
126+authorized by the rental agreement. Designating an alternate 77
127+contact person does not give such person an interest in the 78
128+contents stored at the self -service storage facility or in the 79
129+self-contained storage unit. 80
130+ Section 3. This act shall take effect July 1, 2024. 81