| 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 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 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 street that address 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 provided the address provided by the tenant by hand |
| 25 | delivery, first-class mail, or e-mail certified mail in a |
| 26 | subsequent written notice of a change of address. |
| 27 | Section 2. Subsections (1), (3), and (8) of section |
| 28 | 83.806, 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-class certified |
| 33 | 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 | class certified mail, 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 after of the |
| 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-class certified mail, 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 after of the 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 Contracts Contractual 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. |