F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 995 2023
1 A bill to be entitled
2 An act relating to self-service storage facility
3 liens; amending s. 83.806, F.S.; requiring the owner
4 of a self-service storage space to provide certain
5 notice to an alternative contact person under certain
6 circumstances; reducing the number of times a certain
7 advertisement must be published; authorizing the
8 advertisement to be published on certain public
9 websites; reducing the amount of time in which a sa le
10 or other disposition must take place after publication
11 of the advertisement; conforming provisions to changes
12 made by the act; amending s. 83.808, F.S.; providing
13 requirements for self-service storage space rental
14 agreements and applications for rental agreements;
15 providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsections (1) and (4) and paragraph (e) of
20 subsection (2) of section 83.806, Florida Statutes, are amended
21 to read:
22 83.806 Enforcement of lien.—An owner's lien as provided in
23 s. 83.805 may be satisfied as follows:
24 (1)(a) The owner tenant shall notify the tenant be
25 notified by written notice delivered in person, by e-mail, or by
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26 first-class mail with a certificate of mailing to the te nant's
27 last known address and conspicuously posted at the self -service
28 storage facility or on the self-contained storage unit. If the
29 owner sends notice of a pending sale of property to the tenant's
30 last known e-mail address and does not receive a response,
31 return receipt, or delivery confirmation from the same e -mail
32 address, the owner must send notice of the sale to the tenant by
33 first-class mail with a certificate of mailing to the tenant's
34 last known address before proceeding with the sale.
35 (b) If the tenant provided the owner with the contact
36 information of an alternative contact person in his or her
37 rental agreement or application for a rental agreement, the
38 owner must also provide the required notice under paragraph (a)
39 to the alternative contact person.
40 (2) The notice shall include:
41 (e) The name, street address, and telephone number of the
42 owner whom the tenant or an alternative contact person, if
43 applicable, may contact to respond to the notice.
44 (4) After the expiration of the time given in the notice,
45 an advertisement of the sale or other disposition must shall be
46 published once a week for 2 consecutive weeks in a newspaper of
47 general circulation in the area where the self-service storage
48 facility or self-contained storage unit is located or on a
49 public website that customarily conducts or advertises personal
50 property auctions.
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51 (a) A lien sale may be conducted on a public website that
52 customarily conducts personal property auctions. The facility or
53 unit owner is not required to hold a license to post property
54 for online sale. Inasmuch as any sale may involve property of
55 more than one tenant, a single advertisement may be used to
56 dispose of property at any one sale.
57 (b) The advertisement must shall include:
58 1. A brief and general description of what is believed to
59 constitute the personal property contained in the storage unit,
60 as provided in paragraph (2)(b).
61 2. The address of the self-service storage facility or the
62 address where the self-contained storage unit is located and the
63 name of the tenant.
64 3. The time, place, and manner of the sale or other
65 disposition. The sale or other disposition must shall take place
66 at least 10 15 days after the first publication of the
67 advertisement.
68 (c) If there is no newspaper of general circulation in the
69 area where the self-service storage facility or self-contained
70 storage unit is located, the advertisement must shall be posted
71 at least 10 days before the date of the sale or other
72 disposition in at least three conspicuous places in the
73 neighborhood where the self-service storage facility or self-
74 contained storage unit is located.
75 Section 2. Subsection (4) is added to section 83.808,
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76 Florida Statutes, to read:
77 83.808 Contracts.—
78 (4) A rental agreement or an application for a rental
79 agreement must contain a provision informing a tenant that he or
80 she may provide the name, address, and e-mail address of an
81 alternative contact person and that the alternative contact
82 person may only be contacted for purposes of providing notice
83 under s. 83.806(1) or as otherwise permitted by the rental
84 agreement. The rental agreement or the application for the
85 rental agreement must also inform the tenant that providing the
86 name, address, and e-mail address of an alternative contact
87 person does not give that person an interest in the contents
88 stored at the self-service storage facility or in the self-
89 contained storage unit.
90 Section 3. This act shall take effect July 1, 2023.
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