Florida Senate - 2011                                    SB 1772
       
       
       
       By Senator Hays
       
       
       
       
       20-01127B-11                                          20111772__
    1                        A bill to be entitled                      
    2         An act relating to self-service storage facilities;
    3         amending s. 83.803, F.S.; redefining the term “last
    4         known address,” to conform to changes made by the act;
    5         amending s. 83.806, F.S.; revising notice requirements
    6         related to enforcing an owner’s lien; allowing postal
    7         notice by first-class mail, along with a certificate
    8         of mailing; allowing electronic mail notice; deleting
    9         provisions relating to advertisement requirements;
   10         amending s. 83.808, F.S.; clarifying provisions
   11         relating to the right to create contractual liens or
   12         limitations on liability; providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (6) of section 83.803, Florida
   17  Statutes, is amended to read:
   18         83.803 Definitions.—As used in ss. 83.801-83.809:
   19         (6) “Last known address” means the street that address,
   20  post office box, or electronic mail address provided by the
   21  tenant in the latest rental agreement or in a subsequent written
   22  change-of-address notice provided the address provided by the
   23  tenant by hand delivery, first-class mail, or electronic
   24  certified mail in a subsequent written notice of a change of
   25  address.
   26         Section 2. Section 83.806, Florida Statutes, is amended to
   27  read:
   28         83.806 Enforcement of lien.—An owner’s lien as provided in
   29  s. 83.805 may be satisfied as follows:
   30         (1) The tenant shall be notified by written notice
   31  delivered in person or by first-class certified mail, along with
   32  a certificate of mailing, to the tenant’s last known address and
   33  conspicuously posted at the self-service storage facility or on
   34  the self-contained storage unit.
   35         (2) The notice shall include:
   36         (a) An itemized statement of the owner’s claim, showing the
   37  sum due at the time of the notice and the date when the sum
   38  became due.
   39         (b) The same description, or a reasonably similar
   40  description, of the personal property as provided in the rental
   41  agreement.
   42         (c) A demand for payment within a specified time not less
   43  than 14 days after delivery of the notice.
   44         (d) A conspicuous statement that, unless the claim is paid
   45  within the time stated in the notice, the personal property will
   46  be advertised for sale or other disposition and will be sold or
   47  otherwise disposed of at a specified time and place.
   48         (e) The name, street address, and telephone number of the
   49  owner whom the tenant may contact to respond to the notice.
   50         (3) Any notice given pursuant to this section shall be
   51  presumed delivered when it is deposited with the United States
   52  Postal Service, registered, and properly addressed with postage
   53  prepaid.
   54         (4) After the expiration of the time given in the notice,
   55  an advertisement of the sale or other disposition shall be
   56  published once a week for 2 consecutive weeks in a newspaper of
   57  general circulation in the area where the self-service storage
   58  facility or self-contained storage unit is located. Inasmuch as
   59  any sale may involve property of more than one tenant, a single
   60  advertisement may be used to dispose of property at any one
   61  sale.
   62         (a) The advertisement shall include:
   63         1. A brief and general description of what is believed to
   64  constitute the personal property contained in the storage unit,
   65  as provided in paragraph (2)(b).
   66         2. The address of the self-service storage facility or the
   67  address where the self-contained storage unit is located and the
   68  name of the tenant.
   69         3. The time, place, and manner of the sale or other
   70  disposition. The sale or other disposition shall take place not
   71  sooner than 15 days after the first publication.
   72         (b) If there is no newspaper of general circulation in the
   73  area where the self-service storage facility or self-contained
   74  storage unit is located, the advertisement shall be posted at
   75  least 10 days before the date of the sale or other disposition
   76  in not fewer than three conspicuous places in the neighborhood
   77  where the self-service storage facility or self-contained
   78  storage unit is located.
   79         (4)(5) Any sale or other disposition of the personal
   80  property shall conform to the terms of the notification as
   81  provided for in this section and shall be conducted in a
   82  commercially reasonable manner, as that term is used in s.
   83  679.610.
   84         (5)(6) Before any sale or other disposition of personal
   85  property pursuant to this section, the tenant may pay the amount
   86  necessary to satisfy the lien and the reasonable expenses
   87  incurred under this section and thereby redeem the personal
   88  property. Upon receipt of such payment, the owner shall return
   89  the property to the tenant and thereafter shall have no
   90  liability to any person with respect to such personal property.
   91  If the tenant fails to redeem the personal property or satisfy
   92  the lien, including reasonable expenses, he or she will be
   93  deemed to have unjustifiably abandoned the self-service storage
   94  facility or self-contained storage unit, and the owner may
   95  resume possession of the premises for himself or herself.
   96         (6)(7) A purchaser in good faith of the personal property
   97  sold to satisfy a lien provided for in s. 83.805 takes the
   98  property free of any claims, except those interests provided for
   99  in s. 83.808, despite noncompliance by the owner with the
  100  requirements of this section.
  101         (7)(8) In the event of a sale under this section, the owner
  102  may satisfy his or her lien from the proceeds of the sale,
  103  provided the owner’s lien has priority over all other liens in
  104  the personal property. The lien rights of secured lienholders
  105  are automatically transferred to the remaining proceeds of the
  106  sale. The balance, if any, shall be held by the owner for
  107  delivery on demand to the tenant. A notice of any balance shall
  108  be delivered by the owner to the tenant in person or by first
  109  class certified mail, along with a certificate of mailing, to
  110  the last known address of the tenant. If the tenant does not
  111  claim the balance of the proceeds within 2 years after of the
  112  date of sale, the proceeds shall be deemed abandoned, and the
  113  owner shall have no further obligation with regard to the
  114  payment of the balance. In the event that the owner’s lien does
  115  not have priority over all other liens, the sale proceeds shall
  116  be held for the benefit of the holders of those liens having
  117  priority. A notice of the amount of the sale proceeds shall be
  118  delivered by the owner to the tenant or secured lienholders in
  119  person or by first-class certified mail, along with a
  120  certificate of mailing, to their last known addresses. If the
  121  tenant or the secured lienholders do not claim the sale proceeds
  122  within 2 years after of the date of sale, the proceeds shall be
  123  deemed abandoned, and the owner shall have no further obligation
  124  with regard to the payment of the proceeds.
  125         Section 3. Section 83.808, Florida Statutes, is amended to
  126  read:
  127         83.808 Contractual liens.—This part does not impair or
  128  affect Nothing in ss. 83.801-83.809 shall be construed as in any
  129  manner impairing or affecting the right of parties to create
  130  liens or limitations on liability by special contract or
  131  agreement or nor shall it in any manner impair or affect any
  132  other lien arising at common law, in equity, or by any statute
  133  of this state or any other lien not provided for in s. 83.805.
  134         Section 4. This act shall take effect July 1, 2011.