Florida Senate - 2025 CS for SB 386 By the Committee on Judiciary; and Senator Harrell 590-02593-25 2025386c1 1 A bill to be entitled 2 An act relating to self-storage spaces; amending s. 3 83.803, F.S.; revising the definition of the term 4 last known address; amending s. 83.806, F.S.; 5 revising the notice requirements of owners of self 6 storage units in order to enforce a lien on a tenants 7 property; revising the notice requirements for such 8 owners who wish to sell such tenants property; 9 amending s. 83.808, F.S.; requiring that rental 10 agreements for renters of self-storage units which are 11 entered into on or after a specified date provide 12 certain information in compliance with the Florida 13 Self-storage Facility Act; providing that failure or 14 refusal of a tenant to designate an alternate contact 15 does not affect a tenants or an owners rights or 16 remedies; providing an exception; authorizing owners 17 of a self-storage unit to send notice to certain 18 tenants last known address to apprise such tenants of 19 a specified right; reenacting s. 713.78(2)(b), F.S., 20 relating to liens for recovering, towing, or storing 21 vehicles and vessels, to incorporate the amendment 22 made to s. 83.806, F.S., in a reference thereto; 23 providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1.Subsection (1) of section 83.803, Florida 28 Statutes, is amended to read: 29 83.803Definitions.As used in ss. 83.801-83.809: 30 (1)Last known address means the street address or post 31 office box address provided by the tenant in the latest rental 32 agreement or provided to the owner in accordance with the terms 33 of the rental agreement in a subsequent written change-of 34 address notice provided by hand delivery, first-class mail, or 35 e-mail. 36 Section 2.Subsections (1) and (4) of section 83.806, 37 Florida Statutes, are amended to read: 38 83.806Enforcement of lien.An owners lien as provided in 39 s. 83.805 may be satisfied as follows: 40 (1)The owner must notify the tenant and any alternate 41 contact tenant shall be notified by written notice delivered in 42 person, by e-mail, or by first-class mail with a certificate of 43 mailing to the tenants and, if applicable, the alternate 44 contacts last known addresses address and conspicuously posted 45 at the self-service storage facility or on the self-contained 46 storage unit. If the owner sends notice of a pending sale of 47 property to the tenants last known e-mail address and does not 48 receive a response, return receipt, or delivery confirmation 49 from the same e-mail address, the owner must send notice of the 50 sale to the tenant by first-class mail with a certificate of 51 mailing to the tenants last known address before proceeding 52 with the sale. 53 (4)After the expiration of the time given in the notice, 54 an advertisement of the sale or other disposition must shall be 55 published once a week for 2 consecutive weeks in a newspaper of 56 general circulation in the area where the self-service storage 57 facility or self-contained storage unit is located or posted for 58 7 consecutive days on a public website that customarily conducts 59 or advertises personal property auctions or sales. 60 (a)A lien sale may be conducted on a public website that 61 customarily conducts personal property auctions or sales. The 62 facility or unit owner is not required to hold a license to post 63 property for online sale. Inasmuch As any sale may involve 64 property of more than one tenant, a single advertisement may be 65 used to dispose of property at any one sale. 66 (b)The advertisement must shall include: 67 1.A brief and general description of what is believed to 68 constitute the personal property contained in the storage unit, 69 as provided in paragraph (2)(b). 70 2.The address of the self-service storage facility or the 71 address where the self-contained storage unit is located and the 72 name of the tenant. 73 3.The time, place, and manner of the sale or other 74 disposition. The sale or other disposition must shall take place 75 at least 15 days after the first publication. 76 (c)If there is no newspaper of general circulation in the 77 area where the self-service storage facility or self-contained 78 storage unit is located and the owner does not publish the 79 advertisement on a public website that customarily conducts or 80 advertises personal property auctions or sales, the 81 advertisement must shall be posted at least 10 days before the 82 date of the sale or other disposition in at least three 83 conspicuous places in the neighborhood where the self-service 84 storage facility or self-contained storage unit is located. 85 Section 3.Subsection (4) is added to section 83.808, 86 Florida Statutes, to read: 87 83.808Contracts. 88 (4)Rental agreements entered into on or after September 1, 89 2025, must contain a provision that apprises the tenant of the 90 option to designate an alternate contact to receive notices 91 required by the Florida Self-storage Facility Act and must 92 provide space in the agreement to designate the alternate 93 contact. 94 (a)Failure or refusal of a tenant to designate an 95 alternate contact does not affect a tenants or an owners 96 rights or remedies under this section or under any other law. 97 The alternate contact, if any, may not have any rights to access 98 the tenants storage space at a self-service storage facility or 99 the tenants self-contained storage unit or the personal 100 property contained therein unless expressly stated otherwise in 101 the rental agreement. 102 (b)For rental agreements entered into before September 1, 103 2025, an owner may send notice to the tenants last known 104 address to apprise the tenant of his or her right to designate 105 an alternate contact by the method specified by the owner in the 106 notice. 107 Section 4.For the purpose of incorporating the amendment 108 made by this act to section 83.806, Florida Statutes, in a 109 reference thereto, paragraph (b) of subsection (2) of section 110 713.78, Florida Statutes, is reenacted to read: 111 713.78Liens for recovering, towing, or storing vehicles 112 and vessels. 113 (2) 114 (b)If a towing-storage operator recovers, removes, or 115 stores a vehicle or vessel upon instructions from: 116 1.The owner thereof; 117 2.The owner or lessor, or a person authorized by the owner 118 or lessor, of property on which such vehicle or vessel is 119 wrongfully parked, and the removal is done in compliance with s. 120 715.07; 121 3.The landlord or a person authorized by the landlord, 122 when such vehicle or vessel remained on the premises after the 123 tenancy terminated and the removal is done in compliance with s. 124 83.806 or s. 715.104; or 125 4.Any law enforcement agency, county, or municipality, 126 127 she or he has a lien on the vehicle or vessel for fees specified 128 in paragraph (a), except that a storage fee may not be charged 129 if the vehicle or vessel is stored for less than 6 hours. 130 Section 5.This act shall take effect July 1, 2025.