Florida Senate - 2017                              CS for SB 264
       By the Committee on Judiciary; and Senator Artiles
       590-01724-17                                           2017264c1
    1                        A bill to be entitled                      
    2         An act relating to self-storage; amending s. 83.806,
    3         F.S.; providing that a lien sale may be conducted on
    4         certain websites; providing that a self-storage
    5         facility owner is not required to have a license to
    6         post property for online sale; providing limits for
    7         the maximum valuation of property under certain
    8         circumstances; providing options for the disposition
    9         of motor vehicles or watercraft claimed to be subject
   10         to a lien; amending s. 83.808, F.S.; authorizing an
   11         owner to impose and collect a late fee from a tenant
   12         under certain circumstances; specifying that late fees
   13         in a specified amount are deemed reasonable and do not
   14         constitute a penalty; authorizing an owner to charge
   15         the tenant certain reasonable expenses incurred in
   16         rent collection or lien enforcement; providing an
   17         effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Subsection (4) of section 83.806, Florida
   22  Statutes, is amended, and subsections (9) and (10) are added to
   23  that section, to read:
   24         83.806 Enforcement of lien.—An owner’s lien as provided in
   25  s. 83.805 may be satisfied as follows:
   26         (4) After the expiration of the time given in the notice,
   27  an advertisement of the sale or other disposition shall be
   28  published once a week for 2 consecutive weeks in a newspaper of
   29  general circulation in the area where the self-service storage
   30  facility or self-contained storage unit is located.
   31         (a) A lien sale may be conducted on a public website that
   32  customarily conducts personal property auctions. The facility or
   33  unit owner is not required to be licensed to post property
   34  online for sale pursuant to this subsection. Inasmuch as any
   35  sale may involve property of more than one tenant, a single
   36  advertisement may be used to dispose of property at any one
   37  sale.
   38         (b)(a) The advertisement shall include:
   39         1. A brief and general description of what is believed to
   40  constitute the personal property contained in the storage unit,
   41  as provided in paragraph (2)(b).
   42         2. The address of the self-service storage facility or the
   43  address where the self-contained storage unit is located and the
   44  name of the tenant.
   45         3. The time, place, and manner of the sale or other
   46  disposition. The sale or other disposition shall take place not
   47  sooner than 15 days after the first publication.
   48         (c)(b) If there is no newspaper of general circulation in
   49  the area where the self-service storage facility or self
   50  contained storage unit is located, the advertisement shall be
   51  posted at least 10 days before the date of the sale or other
   52  disposition in not fewer than three conspicuous places in the
   53  neighborhood where the self-service storage facility or self
   54  contained storage unit is located.
   55         (9) If the rental agreement contains a limit on the value
   56  of property stored in the tenant’s storage space, the limit is
   57  deemed to be the maximum value of the property stored in that
   58  space.
   59         (10)If a lien is claimed on property that is a motor
   60  vehicle or a watercraft and rent and other charges related to
   61  the property remain unpaid or unsatisfied for 60 days after the
   62  maturity of the obligation to pay the rent and other charges,
   63  the facility or unit owner may sell the property pursuant to
   64  this section or have the property towed. If a motor vehicle or
   65  watercraft is towed, the facility or unit owner is not liable
   66  for the motor vehicle or watercraft or any damage to the motor
   67  vehicle or watercraft once a wrecker operator takes possession
   68  of the property. The wrecker operator taking possession must
   69  comply with all notification and sale requirements provided in
   70  s. 713.78.
   71         Section 2. Subsection (3) is added to section 83.808,
   72  Florida Statutes, to read:
   73         83.808 Contracts.—
   74         (3) A reasonable late fee may be imposed and collected by a
   75  facility or unit owner for each period that a tenant does not
   76  pay rent when due under the rental agreement; however, the fee
   77  may be imposed and collected only if the amount of the late fee
   78  and the conditions for imposing such fee are stated in the
   79  rental agreement or in an addendum to that agreement. For
   80  purposes of this subsection, a late fee of $20 or 20 percent of
   81  the monthly rent, whichever is greater, is reasonable. Such late
   82  fee does not constitute a penalty. In addition to the late fee,
   83  any reasonable expense incurred by an owner as a result of rent
   84  collection or lien enforcement may be charged to the lessee.
   85         Section 3. This act shall take effect July 1, 2017.