Bill Text: FL S0646 | 2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Self-service Storage Facilities
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-08 - Laid on Table, refer to CS/HB 715 -SJ 975 [S0646 Detail]
Download: Florida-2012-S0646-Introduced.html
Bill Title: Self-service Storage Facilities
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-08 - Laid on Table, refer to CS/HB 715 -SJ 975 [S0646 Detail]
Download: Florida-2012-S0646-Introduced.html
Florida Senate - 2012 SB 646 By Senator Wise 5-00706-12 2012646__ 1 A bill to be entitled 2 An act relating to self-service storage facilities; 3 amending s. 83.803, F.S.; revising the definition of 4 the term “last known address”; amending s. 83.806, 5 F.S.; revising notice requirements relating to 6 enforcing an owner’s lien; authorizing notice by e 7 mail or first-class mail, along with a certificate of 8 mailing; providing requirements for e-mail notice; 9 revising provisions relating to when notice given is 10 presumed delivered; amending s. 83.808, F.S.; 11 requiring rental agreements and applications for 12 rental agreements to contain a provision for the 13 disclosure of the applicant’s membership in the 14 uniformed services; providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Subsection (6) of section 83.803, Florida 19 Statutes, is amended to read: 20 83.803 Definitions.—As used in ss. 83.801-83.809: 21 (6) “Last known address” means the streetthataddress or 22 post office box address provided by the tenant in the latest 23 rental agreement or in a subsequent written change-of-address 24 notice providedthe address provided by the tenantby hand 25 delivery, first-class mail, or e-mailcertified mail in a26subsequent written notice of a change of address. 27 Section 2. Subsections (1), (3), and (8) of section 83.806, 28 Florida Statutes, are amended 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 (1) The tenant shall be notified by written notice 32 delivered in person, by e-mail, or by first-classcertified33 mail, along with a certificate of mailing, to the tenant’s last 34 known address and conspicuously posted at the self-service 35 storage facility or on the self-contained storage unit. If the 36 owner sends notice of a pending sale of property to the tenant’s 37 last known e-mail address and does not receive a response, 38 return receipt, or delivery confirmation from the same e-mail 39 address, the owner must send notice of the sale to the tenant by 40 first-class mail, along with a certificate of mailing, to the 41 tenant’s last known address before proceeding with the sale. 42 (3) Any notice given pursuant to this section shall be 43 presumed delivered when it is deposited with the United States 44 Postal Service, registered,and properly addressed with postage 45 prepaid. 46 (8) In the event of a sale under this section, the owner 47 may satisfy his or her lien from the proceeds of the sale, 48 provided the owner’s lien has priority over all other liens in 49 the personal property. The lien rights of secured lienholders 50 are automatically transferred to the remaining proceeds of the 51 sale. The balance, if any, shall be held by the owner for 52 delivery on demand to the tenant. A notice of any balance shall 53 be delivered by the owner to the tenant in person or by first 54 classcertifiedmail, along with a certificate of mailing, to 55 the last known address of the tenant. If the tenant does not 56 claim the balance of the proceeds within 2 years afterofthe 57 date of sale, the proceeds shall be deemed abandoned, and the 58 owner shall have no further obligation with regard to the 59 payment of the balance. In the event that the owner’s lien does 60 not have priority over all other liens, the sale proceeds shall 61 be held for the benefit of the holders of those liens having 62 priority. A notice of the amount of the sale proceeds shall be 63 delivered by the owner to the tenant or secured lienholders in 64 person or by first-classcertifiedmail, along with a 65 certificate of mailing, to their last known addresses. If the 66 tenant or the secured lienholders do not claim the sale proceeds 67 within 2 years afterofthe date of sale, the proceeds shall be 68 deemed abandoned, and the owner shall have no further obligation 69 with regard to the payment of the proceeds. 70 Section 3. Section 83.808, Florida Statutes, is amended to 71 read: 72 83.808 ContractsContractual liens.— 73 (1) Nothing in ss. 83.801-83.809 shall be construed as in 74 any manner impairing or affecting the right of parties to create 75 liens by special contract or agreement nor shall it in any 76 manner impair or affect any other lien arising at common law, in 77 equity, or by any statute of this state or any other lien not 78 provided for in s. 83.805. 79 (2) A rental agreement or an application for a rental 80 agreement must contain a provision disclosing whether the 81 applicant is a member of the uniformed services as that term is 82 defined in 10 U.S.C. s. 101(a)(5). 83 Section 4. This act shall take effect July 1, 2012.