Florida Senate - 2012                                     SB 646
       
       
       
       By Senator Wise
       
       
       
       
       5-00706-12                                             2012646__
    1                        A bill to be entitled                      
    2         An act relating to self-service storage facilities;
    3         amending s. 83.803, F.S.; revising the definition of
    4         the term “last known address”; amending s. 83.806,
    5         F.S.; revising notice requirements relating to
    6         enforcing an owner’s lien; authorizing notice by e
    7         mail or first-class mail, along with a certificate of
    8         mailing; providing requirements for e-mail notice;
    9         revising provisions relating to when notice given is
   10         presumed delivered; amending s. 83.808, F.S.;
   11         requiring rental agreements and applications for
   12         rental agreements to contain a provision for the
   13         disclosure of the applicant’s membership in the
   14         uniformed services; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Subsection (6) of section 83.803, Florida
   19  Statutes, is amended to read:
   20         83.803 Definitions.—As used in ss. 83.801-83.809:
   21         (6) “Last known address” means the street that address or
   22  post office box address provided by the tenant in the latest
   23  rental agreement or in a subsequent written change-of-address
   24  notice provided the address provided by the tenant by hand
   25  delivery, first-class mail, or e-mail certified mail in a
   26  subsequent written notice of a change of address.
   27         Section 2. Subsections (1), (3), and (8) of section 83.806,
   28  Florida Statutes, are amended to read:
   29         83.806 Enforcement of lien.—An owner’s lien as provided in
   30  s. 83.805 may be satisfied as follows:
   31         (1) The tenant shall be notified by written notice
   32  delivered in person, by e-mail, or by first-class certified
   33  mail, along with a certificate of mailing, to the tenant’s last
   34  known address and conspicuously posted at the self-service
   35  storage facility or on the self-contained storage unit. If the
   36  owner sends notice of a pending sale of property to the tenant’s
   37  last known e-mail address and does not receive a response,
   38  return receipt, or delivery confirmation from the same e-mail
   39  address, the owner must send notice of the sale to the tenant by
   40  first-class mail, along with a certificate of mailing, to the
   41  tenant’s last known address before proceeding with the sale.
   42         (3) Any notice given pursuant to this section shall be
   43  presumed delivered when it is deposited with the United States
   44  Postal Service, registered, and properly addressed with postage
   45  prepaid.
   46         (8) In the event of a sale under this section, the owner
   47  may satisfy his or her lien from the proceeds of the sale,
   48  provided the owner’s lien has priority over all other liens in
   49  the personal property. The lien rights of secured lienholders
   50  are automatically transferred to the remaining proceeds of the
   51  sale. The balance, if any, shall be held by the owner for
   52  delivery on demand to the tenant. A notice of any balance shall
   53  be delivered by the owner to the tenant in person or by first
   54  class certified mail, along with a certificate of mailing, to
   55  the last known address of the tenant. If the tenant does not
   56  claim the balance of the proceeds within 2 years after of the
   57  date of sale, the proceeds shall be deemed abandoned, and the
   58  owner shall have no further obligation with regard to the
   59  payment of the balance. In the event that the owner’s lien does
   60  not have priority over all other liens, the sale proceeds shall
   61  be held for the benefit of the holders of those liens having
   62  priority. A notice of the amount of the sale proceeds shall be
   63  delivered by the owner to the tenant or secured lienholders in
   64  person or by first-class certified mail, along with a
   65  certificate of mailing, to their last known addresses. If the
   66  tenant or the secured lienholders do not claim the sale proceeds
   67  within 2 years after of the date of sale, the proceeds shall be
   68  deemed abandoned, and the owner shall have no further obligation
   69  with regard to the payment of the proceeds.
   70         Section 3. Section 83.808, Florida Statutes, is amended to
   71  read:
   72         83.808 Contracts Contractual liens.—
   73         (1) Nothing in ss. 83.801-83.809 shall be construed as in
   74  any manner impairing or affecting the right of parties to create
   75  liens by special contract or agreement nor shall it in any
   76  manner impair or affect any other lien arising at common law, in
   77  equity, or by any statute of this state or any other lien not
   78  provided for in s. 83.805.
   79         (2) A rental agreement or an application for a rental
   80  agreement must contain a provision disclosing whether the
   81  applicant is a member of the uniformed services as that term is
   82  defined in 10 U.S.C. s. 101(a)(5).
   83         Section 4. This act shall take effect July 1, 2012.