Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 646
       
       
       
       
       
       
                                Barcode 246502                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/19/2012           .                                
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       The Committee on Regulated Industries (Thrasher) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 33 - 64
    4  and insert:
    5  mail with a certificate of mailing, to the tenant’s last known
    6  address and conspicuously posted at the self-service storage
    7  facility or on the self-contained storage unit. If the owner
    8  sends notice of a pending sale of property to the tenant’s last
    9  known e-mail address and does not receive a response, return
   10  receipt, or delivery confirmation from the same e-mail address,
   11  the owner must send notice of the sale to the tenant by first
   12  class mail with a certificate of mailing, to the tenant’s last
   13  known address before proceeding with the sale.
   14         (3) Any notice given pursuant to this section shall be
   15  presumed delivered when it is deposited with the United States
   16  Postal Service, registered, and properly addressed with postage
   17  prepaid.
   18         (8) In the event of a sale under this section, the owner
   19  may satisfy his or her lien from the proceeds of the sale,
   20  provided the owner’s lien has priority over all other liens in
   21  the personal property. The lien rights of secured lienholders
   22  are automatically transferred to the remaining proceeds of the
   23  sale. The balance, if any, shall be held by the owner for
   24  delivery on demand to the tenant. A notice of any balance shall
   25  be delivered by the owner to the tenant in person or by first
   26  class certified mail with a certificate of mailing, to the last
   27  known address of the tenant. If the tenant does not claim the
   28  balance of the proceeds within 2 years after of the date of
   29  sale, the proceeds shall be deemed abandoned, and the owner
   30  shall have no further obligation with regard to the payment of
   31  the balance. In the event that the owner’s lien does not have
   32  priority over all other liens, the sale proceeds shall be held
   33  for the benefit of the holders of those liens having priority. A
   34  notice of the amount of the sale proceeds shall be delivered by
   35  the owner to the tenant or secured lienholders in person or by
   36  first-class certified mail with a
   37  
   38  ================= T I T L E  A M E N D M E N T ================
   39         And the title is amended as follows:
   40         Delete line 7
   41  and insert:
   42         mail or first-class mail with a certificate of