Bill Text: FL S0264 | 2017 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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
Florida Senate - 2017 CS for SB 264 By the Committee on Judiciary; and Senator Artiles 590-01724-17 2017264c1 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; providing an 17 effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Subsection (4) of section 83.806, Florida 22 Statutes, is amended, and subsections (9) and (10) are added to 23 that section, to read: 24 83.806 Enforcement of lien.—An owner’s lien as provided in 25 s. 83.805 may be satisfied as follows: 26 (4) After the expiration of the time given in the notice, 27 an advertisement of the sale or other disposition shall be 28 published once a week for 2 consecutive weeks in a newspaper of 29 general circulation in the area where the self-service storage 30 facility or self-contained storage unit is located. 31 (a) A lien sale may be conducted on a public website that 32 customarily conducts personal property auctions. The facility or 33 unit owner is not required to be licensed to post property 34 online for sale pursuant to this subsection. Inasmuch as any 35 sale may involve property of more than one tenant, a single 36 advertisement may be used to dispose of property at any one 37 sale. 38 (b)(a)The advertisement shall include: 39 1. A brief and general description of what is believed to 40 constitute the personal property contained in the storage unit, 41 as provided in paragraph (2)(b). 42 2. The address of the self-service storage facility or the 43 address where the self-contained storage unit is located and the 44 name of the tenant. 45 3. The time, place, and manner of the sale or other 46 disposition. The sale or other disposition shall take place not 47 sooner than 15 days after the first publication. 48 (c)(b)If there is no newspaper of general circulation in 49 the area where the self-service storage facility or self 50 contained storage unit is located, the advertisement shall be 51 posted at least 10 days before the date of the sale or other 52 disposition in not fewer than three conspicuous places in the 53 neighborhood where the self-service storage facility or self 54 contained storage unit is located. 55 (9) If the rental agreement contains a limit on the value 56 of property stored in the tenant’s storage space, the limit is 57 deemed to be the maximum value of the property stored in that 58 space. 59 (10) If a lien is claimed on property that is a motor 60 vehicle or a watercraft and rent and other charges related to 61 the property remain unpaid or unsatisfied for 60 days after the 62 maturity of the obligation to pay the rent and other charges, 63 the facility or unit owner may sell the property pursuant to 64 this section or have the property towed. If a motor vehicle or 65 watercraft is towed, the facility or unit owner is not liable 66 for the motor vehicle or watercraft or any damage to the motor 67 vehicle or watercraft once a wrecker operator takes possession 68 of the property. The wrecker operator taking possession must 69 comply with all notification and sale requirements provided in 70 s. 713.78. 71 Section 2. Subsection (3) is added to section 83.808, 72 Florida Statutes, to read: 73 83.808 Contracts.— 74 (3) A reasonable late fee may be imposed and collected by a 75 facility or unit owner for each period that a tenant does not 76 pay rent when due under the rental agreement; however, the fee 77 may be imposed and collected only if the amount of the late fee 78 and the conditions for imposing such fee are stated in the 79 rental agreement or in an addendum to that agreement. For 80 purposes of this subsection, a late fee of $20 or 20 percent of 81 the monthly rent, whichever is greater, is reasonable. Such late 82 fee does not constitute a penalty. In addition to the late fee, 83 any reasonable expense incurred by an owner as a result of rent 84 collection or lien enforcement may be charged to the lessee. 85 Section 3. This act shall take effect July 1, 2017.