Bill Text: FL S1772 | 2011 | Regular Session | Comm Sub

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Bill Title: Self-service Storage Facilities

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1772 Detail]

Download: Florida-2011-S1772-Comm_Sub.html

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       Florida Senate - 2011                             CS for SB 1772
       
       
       
       By the Committee on Commerce and Tourism; and Senator Hays
       
       
       
       
       577-04377-11                                          20111772c1
    1                        A bill to be entitled                      
    2         An act relating to self-service storage facilities;
    3         amending s. 83.803, F.S.; redefining the term “last
    4         known address,” to conform to changes made by the act;
    5         amending s. 83.806, F.S.; revising notice requirements
    6         related to enforcing an owner’s lien; allowing postal
    7         notice by first-class mail, along with a certificate
    8         of mailing; allowing electronic mail notice; amending
    9         s. 83.808, F.S.; clarifying provisions relating to the
   10         right to create contractual liens or limitations on
   11         liability; providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (6) of section 83.803, Florida
   16  Statutes, is amended to read:
   17         83.803 Definitions.—As used in ss. 83.801-83.809:
   18         (6) “Last known address” means the street that address,
   19  post office box, or electronic mail address provided by the
   20  tenant in the latest rental agreement or in a subsequent written
   21  change-of-address notice provided the address provided by the
   22  tenant by hand delivery, first-class mail, or electronic
   23  certified mail in a subsequent written notice of a change of
   24  address.
   25         Section 2. Subsections (1), (3), and (8) of section 83.806,
   26  Florida Statutes, are amended to read:
   27         83.806 Enforcement of lien.—An owner’s lien as provided in
   28  s. 83.805 may be satisfied as follows:
   29         (1) The tenant shall be notified by written notice
   30  delivered in person or by first-class certified mail, along with
   31  a certificate of mailing, to the tenant’s last known address and
   32  conspicuously posted at the self-service storage facility or on
   33  the self-contained storage unit.
   34         (3) Any notice given pursuant to this section shall be
   35  presumed delivered when it is deposited with the United States
   36  Postal Service, registered, and properly addressed with postage
   37  prepaid.
   38         (8) In the event of a sale under this section, the owner
   39  may satisfy his or her lien from the proceeds of the sale,
   40  provided the owner’s lien has priority over all other liens in
   41  the personal property. The lien rights of secured lienholders
   42  are automatically transferred to the remaining proceeds of the
   43  sale. The balance, if any, shall be held by the owner for
   44  delivery on demand to the tenant. A notice of any balance shall
   45  be delivered by the owner to the tenant in person or by first
   46  class certified mail, along with a certificate of mailing, to
   47  the last known address of the tenant. If the tenant does not
   48  claim the balance of the proceeds within 2 years after of the
   49  date of sale, the proceeds shall be deemed abandoned, and the
   50  owner shall have no further obligation with regard to the
   51  payment of the balance. In the event that the owner’s lien does
   52  not have priority over all other liens, the sale proceeds shall
   53  be held for the benefit of the holders of those liens having
   54  priority. A notice of the amount of the sale proceeds shall be
   55  delivered by the owner to the tenant or secured lienholders in
   56  person or by first-class certified mail, along with a
   57  certificate of mailing, to their last known addresses. If the
   58  tenant or the secured lienholders do not claim the sale proceeds
   59  within 2 years after of the date of sale, the proceeds shall be
   60  deemed abandoned, and the owner shall have no further obligation
   61  with regard to the payment of the proceeds.
   62         Section 3. Section 83.808, Florida Statutes, is amended to
   63  read:
   64         83.808 Contractual liens.—This part does not impair or
   65  affect Nothing in ss. 83.801-83.809 shall be construed as in any
   66  manner impairing or affecting the right of parties to create
   67  liens or limitations on liability by special contract or
   68  agreement or nor shall it in any manner impair or affect any
   69  other lien arising at common law, in equity, or by any statute
   70  of this state or any other lien not provided for in s. 83.805.
   71         Section 4. This act shall take effect July 1, 2011.