HB 459

1	A bill to be entitled
2	An act relating to self-service storage space; amending s.
3	83.806, F.S.; revising notice requirements relating to the
4	enforcement of liens; amending s. 83.808, F.S.; specifying
5	nonapplication of certain provisions to limitations on
6	liability; providing an effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1.  Subsection (1) and subsections (4) through (8)
11	of section 83.806, Florida Statutes, are amended to read:
12	83.806  Enforcement of lien.-An owner's lien as provided in
13	s. 83.805 may be satisfied as follows:
14	(1)  The tenant shall be notified by written notice
15	delivered in person or by first-class certified mail to the
16	tenant's last known address and conspicuously posted at the
17	self-service storage facility or on the self-contained storage
18	unit.
19	(4)  After the expiration of the time given in the notice,
20	an advertisement of the sale or other disposition shall be
21	published once a week for 2 consecutive weeks in a newspaper of
22	general circulation in the area where the self-service storage
23	facility or self-contained storage unit is located. Inasmuch as
24	any sale may involve property of more than one tenant, a single
25	advertisement may be used to dispose of property at any one
26	sale.
27	(a)  The advertisement shall include:
28	1.  A brief and general description of what is believed to
29	constitute the personal property contained in the storage unit,
30	as provided in paragraph (2)(b).
31	2.  The address of the self-service storage facility or the
32	address where the self-contained storage unit is located and the
33	name of the tenant.
34	3.  The time, place, and manner of the sale or other
35	disposition. The sale or other disposition shall take place not
36	sooner than 15 days after the first publication.
37	(b)  If there is no newspaper of general circulation in the
38	area where the self-service storage facility or self-contained
39	storage unit is located, the advertisement shall be posted at
40	least 10 days before the date of the sale or other disposition
41	in not fewer than three conspicuous places in the neighborhood
42	where the self-service storage facility or self-contained
43	storage unit is located.
44	(4)(5)  Any sale or other disposition of the personal
45	property shall conform to the terms of the notification as
46	provided for in this section and shall be conducted in a
47	commercially reasonable manner, as that term is used in s.
48	679.610.
49	(5)(6)  Before any sale or other disposition of personal
50	property pursuant to this section, the tenant may pay the amount
51	necessary to satisfy the lien and the reasonable expenses
52	incurred under this section and thereby redeem the personal
53	property. Upon receipt of such payment, the owner shall return
54	the property to the tenant and thereafter shall have no
55	liability to any person with respect to such personal property.
56	If the tenant fails to redeem the personal property or satisfy
57	the lien, including reasonable expenses, he or she will be
58	deemed to have unjustifiably abandoned the self-service storage
59	facility or self-contained storage unit, and the owner may
60	resume possession of the premises for himself or herself.
61	(6)(7)  A purchaser in good faith of the personal property
62	sold to satisfy a lien provided for in s. 83.805 takes the
63	property free of any claims, except those interests provided for
64	in s. 83.808, despite noncompliance by the owner with the
65	requirements of this section.
66	(7)(8)  In the event of a sale under this section, the
67	owner may satisfy his or her lien from the proceeds of the sale,
68	provided the owner's lien has priority over all other liens in
69	the personal property. The lien rights of secured lienholders
70	are automatically transferred to the remaining proceeds of the
71	sale. The balance, if any, shall be held by the owner for
72	delivery on demand to the tenant. A notice of any balance shall
73	be delivered by the owner to the tenant in person or by first-
74	class certified mail to the last known address of the tenant. If
75	the tenant does not claim the balance of the proceeds within 2
76	years of the date of sale, the proceeds shall be deemed
77	abandoned, and the owner shall have no further obligation with
78	regard to the payment of the balance. In the event that the
79	owner's lien does not have priority over all other liens, the
80	sale proceeds shall be held for the benefit of the holders of
81	those liens having priority. A notice of the amount of the sale
82	proceeds shall be delivered by the owner to the tenant or
83	secured lienholders in person or by first-class certified mail
84	to their last known addresses. If the tenant or the secured
85	lienholders do not claim the sale proceeds within 2 years of the
86	date of sale, the proceeds shall be deemed abandoned, and the
87	owner shall have no further obligation with regard to the
88	payment of the proceeds.
89	Section 2.  Section 83.808, Florida Statutes, is amended to
90	read:
91	83.808  Contractual liens.-This part does not impair or
92	affect Nothing in ss. 83.801-83.809 shall be construed as in any
93	manner impairing or affecting the right of parties to create
94	liens and limitations on liability by special contract or
95	agreement or nor shall it in any manner impair or affect any
96	other lien arising at common law, in equity, or by any statute
97	of this state or any other lien not provided for in s. 83.805.
98	Section 3.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.