Bill Text: FL H0459 | 2011 | Regular Session | Comm Sub

Bill Title: Self-Service Storage Facilities

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0459 Detail]

Download: Florida-2011-H0459-Comm_Sub.html
CS/CS/HB 459

A bill to be entitled
2An act relating to self-service storage facilities;
3amending s. 83.803, F.S.; revising the definition of the
4term "last known address"; amending s. 83.806, F.S.;
5revising notice requirements relating to enforcing an
6owner's lien; authorizing notice by first-class mail,
7along with a certificate of mailing; revising provisions
8relating to when notice given is presumed delivered;
9amending s. 83.808, F.S.; specifying nonapplication of
10certain provisions to the right to create contractual
11liens and limitations on the value of property; requiring
12rental agreements and applications for rental agreements
13to contain a provision for the disclosure of the
14applicant's membership in the uniformed services;
15requiring rental agreements limiting the value of property
16that is stored in a leased space to conspicuously place
17such provision in the agreement; providing an effective
20Be It Enacted by the Legislature of the State of Florida:
22     Section 1.  Subsection (6) of section 83.803, Florida
23Statutes, is amended to read:
24     83.803  Definitions.-As used in ss. 83.801-83.809:
25     (6)  "Last known address" means the street that address or
26post office box address provided by the tenant in the latest
27rental agreement or in a subsequent written change-of-address
28notice provided the address provided by the tenant by hand
29delivery, first-class mail, or electronic certified mail in a
30subsequent written notice of a change of address.
31     Section 2.  Subsections (1), (3), and (8) of section
3283.806, Florida Statutes, are amended to read:
33     83.806  Enforcement of lien.-An owner's lien as provided in
34s. 83.805 may be satisfied as follows:
35     (1)  The tenant shall be notified by written notice
36delivered in person or by first-class certified mail, along with
37a certificate of mailing, to the tenant's last known address and
38conspicuously posted at the self-service storage facility or on
39the self-contained storage unit.
40     (3)  Any notice given pursuant to this section shall be
41presumed delivered when it is deposited with the United States
42Postal Service, registered, and properly addressed with postage
44     (8)  In the event of a sale under this section, the owner
45may satisfy his or her lien from the proceeds of the sale,
46provided the owner's lien has priority over all other liens in
47the personal property. The lien rights of secured lienholders
48are automatically transferred to the remaining proceeds of the
49sale. The balance, if any, shall be held by the owner for
50delivery on demand to the tenant. A notice of any balance shall
51be delivered by the owner to the tenant in person or by first-
52class certified mail, along with a certificate of mailing, to
53the last known address of the tenant. If the tenant does not
54claim the balance of the proceeds within 2 years after of the
55date of sale, the proceeds shall be deemed abandoned, and the
56owner shall have no further obligation with regard to the
57payment of the balance. In the event that the owner's lien does
58not have priority over all other liens, the sale proceeds shall
59be held for the benefit of the holders of those liens having
60priority. A notice of the amount of the sale proceeds shall be
61delivered by the owner to the tenant or secured lienholders in
62person or by first-class certified mail, along with a
63certificate of mailing, to their last known addresses. If the
64tenant or the secured lienholders do not claim the sale proceeds
65within 2 years after of the date of sale, the proceeds shall be
66deemed abandoned, and the owner shall have no further obligation
67with regard to the payment of the proceeds.
68     Section 3.  Section 83.808, Florida Statutes, is amended to
70     83.808  Contracts Contractual liens.-
71     (1)  This part does not impair or affect Nothing in ss.
7283.801-83.809 shall be construed as in any manner impairing or
73affecting the right of parties to create liens or limitations on
74the value of property by special contract or agreement or nor
75shall it in any manner impair or affect any other lien arising
76at common law, in equity, or by any statute of this state or any
77other lien not provided for in s. 83.805.
78     (2)  A rental agreement or an application for a rental
79agreement must contain a provision disclosing whether the
80applicant is a member of the uniformed services as that term is
81defined in 10 U.S.C. s. 101(a)(5).
82     (3)  If a rental agreement contains a provision limiting
83the value of property that is stored in a leased space, the
84provision must be conspicuously placed in the agreement.
85     Section 4.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.