Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 456
       
       
       
       
       
       
                                Ì843304yÎ843304                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Judiciary (Harrell) recommended the following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete lines 38 - 80
    4  and insert:
    5         (2) The notice shall include:
    6         (a) An itemized statement of the owner’s claim, showing the
    7  sum due at the time of the notice and the date when the sum
    8  became due.
    9         (b) The same description, or a reasonably similar
   10  description, of the personal property as provided in the rental
   11  agreement.
   12         (c) A demand for payment within a specified time not less
   13  than 14 days after delivery of the notice.
   14         (d) A conspicuous statement that, unless the claim is paid
   15  within the time stated in the notice, the personal property will
   16  be advertised for sale or other disposition and will be sold or
   17  otherwise disposed of at a specified time and place.
   18         (e) If the advertisement for sale will be published on a
   19  public website that customarily conducts or advertises personal
   20  property auctions, the name of the website on which the
   21  advertisement will be published.
   22         (f) The name, street address, and telephone number of the
   23  owner whom the tenant may contact to respond to the notice.
   24         (4) After the expiration of the time given in the notice,
   25  an advertisement of the sale or other disposition must shall be
   26  published once a week for 2 consecutive weeks in a newspaper of
   27  general circulation in the area in which where the self-service
   28  storage facility or self-contained storage unit is located or
   29  for 7 consecutive full days on a public website that customarily
   30  conducts or advertises personal property auctions.
   31         (a) A lien sale may be conducted on a public website that
   32  customarily conducts personal property auctions. The facility or
   33  unit owner is not required to hold a license to post property
   34  for online sale. Inasmuch As any sale may involve property of
   35  more than one tenant, a single advertisement may be used to
   36  dispose of property at any one sale.
   37         (b) The advertisement must shall include:
   38         1. A brief and general description of what is believed to
   39  constitute the personal property contained in the storage unit,
   40  as provided in paragraph (2)(b).
   41         2. The address of the self-service storage facility or the
   42  address at which where the self-contained storage unit is
   43  located and the name of the tenant.
   44         3. The time, place, and manner of the sale or other
   45  disposition. The sale or other disposition shall take place at
   46  least 15 days after the first publication.
   47         (c) If there is no newspaper of general circulation in the
   48  area in which where the self-service storage facility or self
   49  contained storage unit is located and the owner does not publish
   50  the advertisement on a public website that customarily conducts
   51  or advertises personal property auctions, the advertisement must
   52  shall be posted at least 10 days before the date of the sale or
   53  other disposition in at least three conspicuous places in the
   54  neighborhood in which where the self-service storage facility or
   55  self-contained storage unit is located.
   56         Section 2. Subsection (4) is added to section 83.808,
   57  Florida Statutes, to read:
   58         83.808 Contracts.—
   59         (4) A rental agreement must contain the following:
   60         (a) A provision authorizing the tenant to designate an
   61  optional alternate contact person, which person may be contacted
   62  only for purposes of providing notice under s. 83.806(1) or as
   63  otherwise authorized by the rental agreement. Designating an
   64  alternate contact person does not give such person an interest
   65  in the contents stored at the self-service storage facility or
   66  in the self-contained storage unit.
   67         (b)A warning that, if the property is advertised for sale
   68  or other disposition, a description of what is believed to
   69  constitute the personal property contained in the storage unit
   70  will be published in the advertisement.
   71  
   72  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   73  And the directory clause is amended as follows:
   74         Delete line 19
   75  and insert:
   76         Section 1. Subsections (1), (2), and (4) of section 83.806,
   77  
   78  ================= T I T L E  A M E N D M E N T ================
   79  And the title is amended as follows:
   80         Delete line 14
   81  and insert:
   82         self-contained storage unit; requiring rental
   83         agreements to include a warning that states, if the
   84         property is advertised for sale or other disposition,
   85         a description of the property will be published in the
   86         advertisement; making technical changes; providing an
   87         effective