Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 720
       
       
       
       
       
       
                                Ì7127185Î712718                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: TP            .                                
                  02/02/2016           .                                
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       The Committee on Regulated Industries (Stargel) recommended the
       following:
       
    1         Senate Substitute for Amendment (947448) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsection (4) of section 83.806, Florida
    7  Statutes, is amended, and subsections (9) and (10) are added to
    8  that section, to read:
    9         83.806 Enforcement of lien.—An owner’s lien as provided in
   10  s. 83.805 may be satisfied as follows:
   11         (4) After the expiration of the time given in the notice,
   12  an advertisement of the sale or other disposition shall be
   13  published once a week for 2 consecutive weeks in a newspaper of
   14  general circulation in the area where the self-service storage
   15  facility or self-contained storage unit is located or advertised
   16  for 14 calendar days on an Internet website to be developed and
   17  maintained by the Chief Financial Officer. The obligation to
   18  provide notice rests solely with the self-storage unit owner,
   19  and the Chief Financial Officer is not liable for technical
   20  failures or any other cause that may interfere with or interrupt
   21  the 14 day notice period, or for the contents of, or any defects
   22  in, the notice. The Chief Financial Officer shall charge the
   23  owner a fee to cover the costs associated with building,
   24  maintaining, and operating the website, which shall be deposited
   25  into the Administrative Trust Fund. The Department of Financial
   26  Services may adopt rules to provide for procedures for the
   27  maintenance and operation of the site and the calculation and
   28  remittance of the fee.
   29         (a) A lien sale may be conducted on a public website that
   30  customarily conducts personal property auctions. The facility or
   31  unit owner is not required to be licensed to post property
   32  online for sale pursuant to this subsection. Inasmuch as any
   33  sale may involve property of more than one tenant, a single
   34  advertisement may be used to dispose of property at any one
   35  sale.
   36         (b)(a) The advertisement shall include:
   37         1. A brief and general description of what is believed to
   38  constitute the personal property contained in the storage unit,
   39  as provided in paragraph (2)(b).
   40         2. The address of the self-service storage facility or the
   41  address where the self-contained storage unit is located and the
   42  name of the tenant.
   43         3. The time, place, and manner of the sale or other
   44  disposition. The sale or other disposition shall take place not
   45  sooner than 15 days after the first publication or
   46  advertisement.
   47         (b) If there is no newspaper of general circulation in the
   48  area where the self-service storage facility or self-contained
   49  storage unit is located, the advertisement shall be posted at
   50  least 10 days before the date of the sale or other disposition
   51  in not fewer than three conspicuous places in the neighborhood
   52  where the self-service storage facility or self-contained
   53  storage unit is located.
   54         (9) If the rental agreement contains a limit on the value
   55  of property stored in the tenant’s storage space, the limit is
   56  deemed to be the maximum value of the property stored in that
   57  space.
   58         (10) If a lien is claimed on property that is a motor
   59  vehicle or a watercraft and rent and other charges related to
   60  the property remain unpaid or unsatisfied for 60 days after the
   61  maturity of the obligation to pay the rent and other charges,
   62  the facility or unit owner may do one of the following:
   63         (a) The facility or unit owner may have the property towed.
   64  If a motor vehicle or watercraft is towed, the facility or unit
   65  owner is not liable for the motor vehicle or watercraft or any
   66  damages to the motor vehicle or watercraft once a tower takes
   67  possession of the property.
   68         (b) The facility or unit owner may sell the motor vehicle
   69  or watercraft by public auction if an owner or lienholder who
   70  receives notice pursuant to this paragraph does not satisfy the
   71  lien. Before such a sale, the facility or unit owner must
   72  contact the Department of Highway Safety and Motor Vehicles to
   73  determine the existence and identity of any lienholder and the
   74  name and address of the owner of the motor vehicle or
   75  watercraft. Within 10 days after receipt of such information
   76  concerning a lienholder and the owner of such motor vehicle or
   77  watercraft, the facility or unit owner must send written notice
   78  to the lienholder and to the owner by first-class mail stating
   79  that:
   80         1. Such motor vehicle or watercraft is being held by the
   81  facility or unit owner;
   82         2. A lien has attached;
   83         3. Payment must be made within 30 days after notification
   84  to satisfy the lien and take possession of the motor vehicle or
   85  watercraft; and
   86         4.The facility or unit owner may sell the motor vehicle or
   87  watercraft by public auction, if the lien is not satisfied.
   88         Section 2. This act shall take effect July 1, 2016.
   89  
   90  ================= T I T L E  A M E N D M E N T ================
   91  And the title is amended as follows:
   92         Delete everything before the enacting clause
   93  and insert:
   94                        A bill to be entitled                      
   95         An act relating to self-storage facilities; amending
   96         s. 83.806, F.S.; providing that advertisement of a
   97         sale or disposition of property may be conducted on a
   98         certain website; providing that the obligation to
   99         provide notice rests on the self-storage unit owner;
  100         providing that the Chief Financial Officer is not
  101         liable for certain issues relating to notices or the
  102         website; requiring the Chief Financial Officer to
  103         charge certain fees; authorizing the Department of
  104         Financial Services to adopt rules; providing that a
  105         lien sale may be conducted on certain websites;
  106         providing that a self-storage facility owner is not
  107         required to have a license to post property for online
  108         sale; deleting a required alternative form of
  109         advertisement; providing limits for the maximum
  110         valuation of property under certain circumstances;
  111         providing options for the disposition of motor
  112         vehicles or watercraft claimed to be subject to a
  113         lien; requiring specified notice to lienholders and
  114         owners of motor vehicles or watercraft subject to a
  115         lien; providing an effective date.