Bill Text: FL S0264 | 2017 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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       Florida Senate - 2017                                     SB 264
       
       
        
       By Senator Artiles
       
       40-00405A-17                                           2017264__
    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; requiring a facility or unit owner to
   11         verify specified information before selling a motor
   12         vehicle or watercraft by public auction; requiring
   13         specified notice to lienholders and owners of motor
   14         vehicles or watercraft subject to a lien; amending s.
   15         83.808, F.S.; authorizing an owner to impose and
   16         collect a late fee from a tenant under certain
   17         circumstances; specifying that late fees in a
   18         specified amount are deemed reasonable and do not
   19         constitute a penalty; authorizing an owner to charge
   20         the tenant certain reasonable expenses incurred in
   21         rent collection or lien enforcement; providing an
   22         effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsection (4) of section 83.806, Florida
   27  Statutes, is amended, and subsections (9) and (10) are added to
   28  that section, to read:
   29         83.806 Enforcement of lien.—An owner’s lien as provided in
   30  s. 83.805 may be satisfied as follows:
   31         (4) After the expiration of the time given in the notice,
   32  an advertisement of the sale or other disposition shall be
   33  published once a week for 2 consecutive weeks in a newspaper of
   34  general circulation in the area where the self-service storage
   35  facility or self-contained storage unit is located.
   36         (a) A lien sale may be conducted on a public website that
   37  customarily conducts personal property auctions. The facility or
   38  unit owner is not required to be licensed to post property
   39  online for sale pursuant to this subsection. Inasmuch as any
   40  sale may involve property of more than one tenant, a single
   41  advertisement may be used to dispose of property at any one
   42  sale.
   43         (b)(a) The advertisement shall include:
   44         1. A brief and general description of what is believed to
   45  constitute the personal property contained in the storage unit,
   46  as provided in paragraph (2)(b).
   47         2. The address of the self-service storage facility or the
   48  address where the self-contained storage unit is located and the
   49  name of the tenant.
   50         3. The time, place, and manner of the sale or other
   51  disposition. The sale or other disposition shall take place not
   52  sooner than 15 days after the first publication.
   53         (c)(b) If there is no newspaper of general circulation in
   54  the area where the self-service storage facility or self
   55  contained storage unit is located, the advertisement shall be
   56  posted at least 10 days before the date of the sale or other
   57  disposition in not fewer than three conspicuous places in the
   58  neighborhood where the self-service storage facility or self
   59  contained storage unit is located.
   60         (9) If the rental agreement contains a limit on the value
   61  of property stored in the tenant’s storage space, the limit is
   62  deemed to be the maximum value of the property stored in that
   63  space.
   64         (10) If a lien is claimed on property that is a motor
   65  vehicle or a watercraft and rent and other charges related to
   66  the property remain unpaid or unsatisfied for 60 days after the
   67  maturity of the obligation to pay the rent and other charges,
   68  the facility or unit owner may do one of the following:
   69         (a) The facility or unit owner may have the property towed.
   70  If a motor vehicle or watercraft is towed, the facility or unit
   71  owner is not liable for the motor vehicle or watercraft or any
   72  damages to the motor vehicle or watercraft once a wrecker
   73  operator takes possession of the property. The wrecker operator
   74  taking possession must comply with all notification and sale
   75  requirements provided in s. 713.78.
   76         (b) The facility or unit owner may sell the motor vehicle
   77  or watercraft by public auction if a lienholder or an owner of
   78  the motor vehicle or watercraft who receives notice pursuant to
   79  this paragraph does not satisfy the lien. Before the public
   80  auction, the facility or unit owner must check the Department of
   81  Highway Safety and Motor Vehicles database to determine the
   82  existence and identity of any lienholder and the name and
   83  address of the owner of the motor vehicle or watercraft. If the
   84  vehicle or watercraft is not titled in Florida, the facility or
   85  unit owner must check the National Motor Vehicle Title
   86  Information System or an equivalent commercially available
   87  system to determine the state of registration and to determine
   88  the existence and identity of any lienholder and the name and
   89  address of the owner of the motor vehicle or watercraft. Within
   90  10 days after receipt of such information concerning a
   91  lienholder and the owner of such motor vehicle or watercraft,
   92  the facility or unit owner must send written notice to the
   93  lienholder and to the owner of the motor vehicle or watercraft
   94  by certified mail stating that:
   95         1. Such motor vehicle or watercraft is being held by the
   96  facility or unit owner;
   97         2. A lien has attached;
   98         3. Payment must be made within 30 days after notification
   99  to satisfy the lien and take possession of the motor vehicle or
  100  watercraft; and
  101         4. The facility or unit owner may sell the motor vehicle or
  102  watercraft by public auction if the lien is not satisfied.
  103         (c) If an owner of the motor vehicle or watercraft
  104  identified as part of a search conducted pursuant to paragraph
  105  (b) is the same as the tenant in default who has been notified
  106  pursuant to subsection (1), the facility or unit owner may send
  107  written notice to the owner by first-class mail to satisfy the
  108  notice requirements under paragraph (b).
  109         Section 2. Subsection (3) is added to section 83.808,
  110  Florida Statutes, to read:
  111         83.808 Contracts.—
  112         (3) A reasonable late fee may be imposed and collected by a
  113  facility or unit owner for each period that a tenant does not
  114  pay rent when due under the rental agreement; however, the fee
  115  may be imposed and collected only if the amount of the late fee
  116  and the conditions for imposing such fee are stated in the
  117  rental agreement or in an addendum to that agreement. For
  118  purposes of this subsection, a late fee of $20 or 20 percent of
  119  the monthly rent, whichever is greater, is reasonable. Such late
  120  fee does not constitute a penalty. In addition to the late fee,
  121  any reasonable expense incurred by an owner as a result of rent
  122  collection or lien enforcement may be charged to the lessee.
  123         Section 3. This act shall take effect July 1, 2017.