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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0459 Detail]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/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 liability; requiring rental
12agreements and applications for rental agreements to
13contain a provision for the disclosure of the applicant's
14membership in the uniformed services; requiring rental
15agreements limiting the value of property that is stored
16in a leased space to conspicuously place such provision in
17the agreement; providing an effective date.
19Be It Enacted by the Legislature of the State of Florida:
21     Section 1.  Subsection (6) of section 83.803, Florida
22Statutes, is amended to read:
23     83.803  Definitions.-As used in ss. 83.801-83.809:
24     (6)  "Last known address" means the street that address or
25post office box address provided by the tenant in the latest
26rental agreement or in a subsequent written change-of-address
27notice provided the address provided by the tenant by hand
28delivery, first-class mail, or electronic certified mail in a
29subsequent written notice of a change of address.
30     Section 2.  Subsections (1), (3), and (8) of section
3183.806, Florida Statutes, are amended to read:
32     83.806  Enforcement of lien.-An owner's lien as provided in
33s. 83.805 may be satisfied as follows:
34     (1)  The tenant shall be notified by written notice
35delivered in person or by first-class certified mail, along with
36a certificate of mailing, to the tenant's last known address and
37conspicuously posted at the self-service storage facility or on
38the self-contained storage unit.
39     (3)  Any notice given pursuant to this section shall be
40presumed delivered when it is deposited with the United States
41Postal Service, registered, and properly addressed with postage
43     (8)  In the event of a sale under this section, the owner
44may satisfy his or her lien from the proceeds of the sale,
45provided the owner's lien has priority over all other liens in
46the personal property. The lien rights of secured lienholders
47are automatically transferred to the remaining proceeds of the
48sale. The balance, if any, shall be held by the owner for
49delivery on demand to the tenant. A notice of any balance shall
50be delivered by the owner to the tenant in person or by first-
51class certified mail, along with a certificate of mailing, to
52the last known address of the tenant. If the tenant does not
53claim the balance of the proceeds within 2 years after of the
54date of sale, the proceeds shall be deemed abandoned, and the
55owner shall have no further obligation with regard to the
56payment of the balance. In the event that the owner's lien does
57not have priority over all other liens, the sale proceeds shall
58be held for the benefit of the holders of those liens having
59priority. A notice of the amount of the sale proceeds shall be
60delivered by the owner to the tenant or secured lienholders in
61person or by first-class certified mail, along with a
62certificate of mailing, to their last known addresses. If the
63tenant or the secured lienholders do not claim the sale proceeds
64within 2 years after of the date of sale, the proceeds shall be
65deemed abandoned, and the owner shall have no further obligation
66with regard to the payment of the proceeds.
67     Section 3.  Section 83.808, Florida Statutes, is amended to
69     83.808  Contracts Contractual liens.-
70     (1)  This part does not impair or affect Nothing in ss.
7183.801-83.809 shall be construed as in any manner impairing or
72affecting the right of parties to create liens or limitations on
73liability by special contract or agreement or nor shall it in
74any manner impair or affect any other lien arising at common
75law, in equity, or by any statute of this state or any other
76lien not provided for in s. 83.805.
77     (2)  A rental agreement or an application for a rental
78agreement must contain a provision disclosing whether the
79applicant is a member of the uniformed services as that term is
80defined in 10 U.S.C. s. 101(a)(5).
81     (3)  If a rental agreement contains a provision limiting
82the value of property that is stored in a leased space, the
83provision must be conspicuously placed in the agreement.
84     Section 4.  This act shall take effect July 1, 2011.

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