HB 715

A bill to be entitled
2An act relating to self-service storage facilities;
3amending s. 83.803, F.S.; revising the definition of
4the term "last known address"; amending s. 83.806,
5F.S.; revising notice requirements relating to
6enforcing an owner's lien; authorizing notice by e-
7mail or first-class mail, along with a certificate of
8mailing; providing requirements for e-mail notice;
9revising provisions relating to when notice given is
10presumed delivered; amending s. 83.808, F.S.;
11requiring rental agreements and applications for
12rental agreements to contain a provision for the
13disclosure of the applicant's membership in the
14uniformed services; providing an effective date.
16Be It Enacted by the Legislature of the State of Florida:
18     Section 1.  Subsection (6) of section 83.803, Florida
19Statutes, 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
22post office box address provided by the tenant in the latest
23rental agreement or in a subsequent written change-of-address
24notice provided the address provided by the tenant by hand
25delivery, first-class mail, or e-mail certified mail in a
26subsequent written notice of a change of address.
27     Section 2.  Subsections (1), (3), and (8) of section
2883.806, Florida Statutes, are amended to read:
29     83.806  Enforcement of lien.-An owner's lien as provided in
30s. 83.805 may be satisfied as follows:
31     (1)  The tenant shall be notified by written notice
32delivered in person, by e-mail, or by first-class certified
33mail, along with a certificate of mailing, to the tenant's last
34known address and conspicuously posted at the self-service
35storage facility or on the self-contained storage unit. If the
36owner sends notice of a pending sale of property to the tenant's
37last known e-mail address and does not receive a response,
38return receipt, or delivery confirmation from the same e-mail
39address, the owner must send notice of the sale to the tenant by
40first-class mail, along with a certificate of mailing, to the
41tenant's last known address before proceeding with the sale.
42     (3)  Any notice given pursuant to this section shall be
43presumed delivered when it is deposited with the United States
44Postal Service, registered, and properly addressed with postage
46     (8)  In the event of a sale under this section, the owner
47may satisfy his or her lien from the proceeds of the sale,
48provided the owner's lien has priority over all other liens in
49the personal property. The lien rights of secured lienholders
50are automatically transferred to the remaining proceeds of the
51sale. The balance, if any, shall be held by the owner for
52delivery on demand to the tenant. A notice of any balance shall
53be delivered by the owner to the tenant in person or by first-
54class certified mail, along with a certificate of mailing, to
55the last known address of the tenant. If the tenant does not
56claim the balance of the proceeds within 2 years after of the
57date of sale, the proceeds shall be deemed abandoned, and the
58owner shall have no further obligation with regard to the
59payment of the balance. In the event that the owner's lien does
60not have priority over all other liens, the sale proceeds shall
61be held for the benefit of the holders of those liens having
62priority. A notice of the amount of the sale proceeds shall be
63delivered by the owner to the tenant or secured lienholders in
64person or by first-class certified mail, along with a
65certificate of mailing, to their last known addresses. If the
66tenant or the secured lienholders do not claim the sale proceeds
67within 2 years after of the date of sale, the proceeds shall be
68deemed abandoned, and the owner shall have no further obligation
69with regard to the payment of the proceeds.
70     Section 3.  Section 83.808, Florida Statutes, is amended to
72     83.808  Contracts Contractual liens.-
73     (1)  Nothing in ss. 83.801-83.809 shall be construed as in
74any manner impairing or affecting the right of parties to create
75liens by special contract or agreement nor shall it in any
76manner impair or affect any other lien arising at common law, in
77equity, or by any statute of this state or any other lien not
78provided for in s. 83.805.
79     (2)  A rental agreement or an application for a rental
80agreement must contain a provision disclosing whether the
81applicant is a member of the uniformed services as that term is
82defined in 10 U.S.C. s. 101(a)(5).
83     Section 4.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.