Bill Text: FL S0264 | 2017 | Regular Session | Comm Sub

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Bill Title: Self-storage

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2017-05-01 - Laid on Table, companion bill(s) passed, see CS/CS/HB 357 (Ch. 2017-82) [S0264 Detail]

Download: Florida-2017-S0264-Comm_Sub.html

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       Florida Senate - 2017                       CS for CS for SB 264
       
       
        
       By the Committees on Rules; and Judiciary; and Senator Artiles
       
       
       
       
       
       595-03064-17                                           2017264c2
    1                        A bill to be entitled                      
    2         An act relating to self-storage; amending s. 83.806,
    3         F.S.; providing that a lien sale may be conducted on
    4         certain websites; providing that a self-storage
    5         facility owner is not required to have a license to
    6         post property for online sale; providing limits for
    7         the maximum valuation of property under certain
    8         circumstances; providing options for the disposition
    9         of motor vehicles or watercraft claimed to be subject
   10         to a lien; amending s. 83.808, F.S.; authorizing an
   11         owner to impose and collect a late fee from a tenant
   12         under certain circumstances; specifying that late fees
   13         in a specified amount are deemed reasonable and do not
   14         constitute a penalty; authorizing an owner to charge
   15         the tenant certain reasonable expenses incurred in
   16         rent collection or lien enforcement; amending s.
   17         713.78, F.S.; conforming a provision to changes made
   18         by the act; providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsection (4) of section 83.806, Florida
   23  Statutes, is amended, and subsections (9) and (10) are added to
   24  that section, to read:
   25         83.806 Enforcement of lien.—An owner’s lien as provided in
   26  s. 83.805 may be satisfied as follows:
   27         (4) After the expiration of the time given in the notice,
   28  an advertisement of the sale or other disposition shall be
   29  published once a week for 2 consecutive weeks in a newspaper of
   30  general circulation in the area where the self-service storage
   31  facility or self-contained storage unit is located.
   32         (a) A lien sale may be conducted on a public website that
   33  customarily conducts personal property auctions. The facility or
   34  unit owner is not required to be licensed to post property
   35  online for sale pursuant to this subsection. Inasmuch as any
   36  sale may involve property of more than one tenant, a single
   37  advertisement may be used to dispose of property at any one
   38  sale.
   39         (b)(a) The advertisement shall include:
   40         1. A brief and general description of what is believed to
   41  constitute the personal property contained in the storage unit,
   42  as provided in paragraph (2)(b).
   43         2. The address of the self-service storage facility or the
   44  address where the self-contained storage unit is located and the
   45  name of the tenant.
   46         3. The time, place, and manner of the sale or other
   47  disposition. The sale or other disposition shall take place not
   48  sooner than 15 days after the first publication.
   49         (c)(b) If there is no newspaper of general circulation in
   50  the area where the self-service storage facility or self
   51  contained storage unit is located, the advertisement shall be
   52  posted at least 10 days before the date of the sale or other
   53  disposition in not fewer than three conspicuous places in the
   54  neighborhood where the self-service storage facility or self
   55  contained storage unit is located.
   56         (9) If the rental agreement contains a limit on the value
   57  of property stored in the tenant’s storage space, the limit is
   58  deemed to be the maximum value of the property stored in that
   59  space.
   60         (10) If a lien is claimed on property that is a motor
   61  vehicle or a watercraft and rent and other charges related to
   62  the property remain unpaid or unsatisfied for 60 days after the
   63  maturity of the obligation to pay the rent and other charges,
   64  the facility or unit owner may sell the property pursuant to
   65  this section or have the property towed. If a motor vehicle or
   66  watercraft is towed, the facility or unit owner is not liable
   67  for the motor vehicle or watercraft or any damage to the motor
   68  vehicle or watercraft once a wrecker operator takes possession
   69  of the property. The wrecker operator taking possession must
   70  comply with all notification and sale requirements provided in
   71  s. 713.78.
   72         Section 2. Subsection (3) is added to section 83.808,
   73  Florida Statutes, to read:
   74         83.808 Contracts.—
   75         (3) A reasonable late fee may be imposed and collected by a
   76  facility or unit owner for each period that a tenant does not
   77  pay rent when due under the rental agreement; however, the fee
   78  may be imposed and collected only if the amount of the late fee
   79  and the conditions for imposing such fee are stated in the
   80  rental agreement or in an addendum to that agreement. For
   81  purposes of this subsection, a late fee of $20 or 20 percent of
   82  the monthly rent, whichever is greater, is reasonable. Such late
   83  fee does not constitute a penalty. In addition to the late fee,
   84  any reasonable expense incurred by an owner as a result of rent
   85  collection or lien enforcement may be charged to the lessee.
   86         Section 3. Subsection (2) of section 713.78, Florida
   87  Statutes, is amended to read:
   88         713.78 Liens for recovering, towing, or storing vehicles
   89  and vessels.—
   90         (2) Whenever a person regularly engaged in the business of
   91  transporting vehicles or vessels by wrecker, tow truck, or car
   92  carrier recovers, removes, or stores a vehicle or vessel upon
   93  instructions from:
   94         (a) The owner thereof;
   95         (b) The owner or lessor, or a person authorized by the
   96  owner or lessor, of property on which such vehicle or vessel is
   97  wrongfully parked, and the removal is done in compliance with s.
   98  715.07;
   99         (c) The landlord or a person authorized by the landlord,
  100  when such motor vehicle or vessel remained on the premises after
  101  the tenancy terminated and the removal is done in compliance
  102  with s. 83.806 or s. 715.104; or
  103         (d) Any law enforcement agency,
  104  
  105  she or he shall have a lien on the vehicle or vessel for a
  106  reasonable towing fee and for a reasonable storage fee; except
  107  that no storage fee shall be charged if the vehicle is stored
  108  for less than 6 hours.
  109         Section 4. This act shall take effect July 1, 2017.