Florida Senate - 2013                                    SB 1174
       
       
       
       By Senator Ring
       
       
       
       
       29-00915A-13                                          20131174__
    1                        A bill to be entitled                      
    2         An act relating to liens on personal property in self
    3         service storage facilities and self-contained storage
    4         units; amending s. 83.806, F.S.; revising notice
    5         requirements for enforcement of liens by the owner of
    6         the self-service storage facility or self-contained
    7         storage unit; specifying a limit on the value of
    8         property stored in the tenant’s storage unit;
    9         authorizing the towing of a vehicle in a storage unit
   10         under certain circumstances; limiting the liability of
   11         the owner of a self-service storage facility or self
   12         contained storage unit after a vehicle is towed from
   13         such facility or unit; providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (4) of section 83.806, Florida
   18  Statutes, is amended, and subsections (9) and (10) are added to
   19  that section, to read:
   20         83.806 Enforcement of lien.—An owner’s lien as provided in
   21  s. 83.805 may be satisfied as follows:
   22         (4) After the expiration of the time given in the notice,
   23  an advertisement of the sale or other disposition shall be
   24  published once a week for 2 consecutive weeks in a newspaper of
   25  general circulation in the area where the self-service storage
   26  facility or self-contained storage unit is located or posted for
   27  2 consecutive weeks on an Internet website accessible to the
   28  public. Inasmuch as any sale may involve property of more than
   29  one tenant, a single advertisement may be used to dispose of
   30  property at any one sale.
   31         (a) The advertisement shall include:
   32         (a)1. A brief and general description of what is believed
   33  to constitute the personal property contained in the storage
   34  unit, as provided in paragraph (2)(b).
   35         (b)2. The address of the self-service storage facility or
   36  the address where the self-contained storage unit is located and
   37  the name of the tenant.
   38         (c)3. The time, place, and manner of the sale or other
   39  disposition. The sale or other disposition shall take place not
   40  sooner than 15 days after the first publication.
   41         (b) If there is no newspaper of general circulation in the
   42  area where the self-service storage facility or self-contained
   43  storage unit is located, the advertisement shall be posted at
   44  least 10 days before the date of the sale or other disposition
   45  in not fewer than three conspicuous places in the neighborhood
   46  where the self-service storage facility or self-contained
   47  storage unit is located.
   48         (9) If the rental agreement contains a limit on the value
   49  of property stored in the tenant’s storage unit, the limit is
   50  deemed to be the maximum value of the property stored in that
   51  unit.
   52         (10) If the personal property is a vehicle and the
   53  vehicle’s title is deemed to have no prior lienholder, the owner
   54  of the self-service storage facility or self-contained storage
   55  unit may have the vehicle towed. An owner of a self-service
   56  storage facility or self-contained storage unit is not liable
   57  for the vehicle or any damages to the vehicle after the wrecker,
   58  tow truck, or car carrier removes the vehicle.
   59         Section 2. This act shall take effect July 1, 2013.