| 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 the |
| 4 | term "last known address"; amending s. 83.806, F.S.; |
| 5 | revising notice requirements relating to enforcing an |
| 6 | owner's lien; authorizing notice by first-class mail, |
| 7 | along with a certificate of mailing; revising provisions |
| 8 | relating to when notice given is presumed delivered; |
| 9 | amending s. 83.808, F.S.; specifying nonapplication of |
| 10 | certain provisions to the right to create contractual |
| 11 | liens and limitations on liability; requiring rental |
| 12 | agreements and applications for rental agreements to |
| 13 | contain a provision for the disclosure of the applicant's |
| 14 | membership in the uniformed services; requiring rental |
| 15 | agreements limiting the value of property that is stored |
| 16 | in a leased space to conspicuously place such provision in |
| 17 | the agreement; providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Subsection (6) of section 83.803, Florida |
| 22 | Statutes, is amended to read: |
| 23 | 83.803 Definitions.-As used in ss. 83.801-83.809: |
| 24 | (6) "Last known address" means the street that address or |
| 25 | post office box address provided by the tenant in the latest |
| 26 | rental agreement or in a subsequent written change-of-address |
| 27 | notice provided the address provided by the tenant by hand |
| 28 | delivery, first-class mail, or electronic certified mail in a |
| 29 | subsequent written notice of a change of address. |
| 30 | Section 2. Subsections (1), (3), and (8) of section |
| 31 | 83.806, Florida Statutes, are amended to read: |
| 32 | 83.806 Enforcement of lien.-An owner's lien as provided in |
| 33 | s. 83.805 may be satisfied as follows: |
| 34 | (1) The tenant shall be notified by written notice |
| 35 | delivered in person or by first-class certified mail, along with |
| 36 | a certificate of mailing, to the tenant's last known address and |
| 37 | conspicuously posted at the self-service storage facility or on |
| 38 | the self-contained storage unit. |
| 39 | (3) Any notice given pursuant to this section shall be |
| 40 | presumed delivered when it is deposited with the United States |
| 41 | Postal Service, registered, and properly addressed with postage |
| 42 | prepaid. |
| 43 | (8) In the event of a sale under this section, the owner |
| 44 | may satisfy his or her lien from the proceeds of the sale, |
| 45 | provided the owner's lien has priority over all other liens in |
| 46 | the personal property. The lien rights of secured lienholders |
| 47 | are automatically transferred to the remaining proceeds of the |
| 48 | sale. The balance, if any, shall be held by the owner for |
| 49 | delivery on demand to the tenant. A notice of any balance shall |
| 50 | be delivered by the owner to the tenant in person or by first- |
| 51 | class certified mail, along with a certificate of mailing, to |
| 52 | the last known address of the tenant. If the tenant does not |
| 53 | claim the balance of the proceeds within 2 years after of the |
| 54 | date of sale, the proceeds shall be deemed abandoned, and the |
| 55 | owner shall have no further obligation with regard to the |
| 56 | payment of the balance. In the event that the owner's lien does |
| 57 | not have priority over all other liens, the sale proceeds shall |
| 58 | be held for the benefit of the holders of those liens having |
| 59 | priority. A notice of the amount of the sale proceeds shall be |
| 60 | delivered by the owner to the tenant or secured lienholders in |
| 61 | person or by first-class certified mail, along with a |
| 62 | certificate of mailing, to their last known addresses. If the |
| 63 | tenant or the secured lienholders do not claim the sale proceeds |
| 64 | within 2 years after of the date of sale, the proceeds shall be |
| 65 | deemed abandoned, and the owner shall have no further obligation |
| 66 | with regard to the payment of the proceeds. |
| 67 | Section 3. Section 83.808, Florida Statutes, is amended to |
| 68 | read: |
| 69 | 83.808 Contracts Contractual liens.- |
| 70 | (1) This part does not impair or affect Nothing in ss. |
| 71 | 83.801-83.809 shall be construed as in any manner impairing or |
| 72 | affecting the right of parties to create liens or limitations on |
| 73 | liability by special contract or agreement or nor shall it in |
| 74 | any manner impair or affect any other lien arising at common |
| 75 | law, in equity, or by any statute of this state or any other |
| 76 | lien not provided for in s. 83.805. |
| 77 | (2) A rental agreement or an application for a rental |
| 78 | agreement must contain a provision disclosing whether the |
| 79 | applicant is a member of the uniformed services as that term is |
| 80 | defined in 10 U.S.C. s. 101(a)(5). |
| 81 | (3) If a rental agreement contains a provision limiting |
| 82 | the value of property that is stored in a leased space, the |
| 83 | provision must be conspicuously placed in the agreement. |
| 84 | Section 4. This act shall take effect July 1, 2011. |