Florida Senate - 2026                                      SB 98
       
       
        
       By Senator Harrell
       
       
       
       
       
       31-00371-26                                             202698__
    1                        A bill to be entitled                      
    2         An act relating to self-storage spaces; amending s.
    3         83.803, F.S.; revising the definition of the term
    4         “last known address”; amending s. 83.806, F.S.;
    5         revising the notice requirements of owners of self
    6         storage units in order to enforce a lien on a tenant’s
    7         property; amending s. 83.808, F.S.; requiring that
    8         rental agreements for renters of self-storage units
    9         which are entered into on or after a specified date
   10         provide certain information in compliance with the
   11         Self-storage Facility Act; providing that failure or
   12         refusal of a tenant to designate an alternate contact
   13         does not affect a tenant’s or an owner’s rights or
   14         remedies; providing an exception; authorizing owners
   15         of a self-storage unit to send notice to certain
   16         tenants’ last known address to apprise such tenants of
   17         a specified right; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsection (1) of section 83.803, Florida
   22  Statutes, is amended to read:
   23         83.803 Definitions.—As used in ss. 83.801-83.809:
   24         (1) “Last known address” means the street address or post
   25  office box address provided by the tenant in the latest rental
   26  agreement or, subject to any requirement in the rental
   27  agreement, in a subsequent written change-of-address notice
   28  provided by hand delivery, first-class mail, or e-mail.
   29         Section 2. Subsections (1) and (4) of section 83.806,
   30  Florida Statutes, are amended to read:
   31         83.806 Enforcement of lien.—An owner’s lien as provided in
   32  s. 83.805 may be satisfied as follows:
   33         (1) The owner must notify the tenant and any alternate
   34  contact tenant shall be notified by written notice delivered in
   35  person, by e-mail, or by first-class mail with a certificate of
   36  mailing to the tenant’s and, if applicable, the alternate
   37  contact’s last known address and conspicuously posted at the
   38  self-service storage facility or on the self-contained storage
   39  unit. If the owner sends notice of a pending sale of property to
   40  the tenant’s last known e-mail address and does not receive a
   41  response, return receipt, or delivery confirmation from the same
   42  e-mail address, the owner must send notice of the sale to the
   43  tenant by first-class mail with a certificate of mailing to the
   44  tenant’s last known address before proceeding with the sale.
   45         (4) After the expiration of the time given in the notice,
   46  an advertisement of the sale or other disposition must shall be
   47  published once a week for 2 consecutive weeks in a newspaper of
   48  general circulation in the area where the self-service storage
   49  facility or self-contained storage unit is located or on a
   50  public website that customarily conducts or advertises personal
   51  property auctions or sales.
   52         (a) A lien sale may be conducted on a public website that
   53  customarily conducts personal property auctions or sales. The
   54  facility or unit owner is not required to hold a license to post
   55  property for online sale. Inasmuch As any sale may involve
   56  property of more than one tenant, a single advertisement may be
   57  used to dispose of property at any one sale.
   58         (b) The advertisement must shall include:
   59         1. A brief and general description of what is believed to
   60  constitute the personal property contained in the storage unit,
   61  as provided in paragraph (2)(b).
   62         2. The address of the self-service storage facility or the
   63  address where the self-contained storage unit is located and the
   64  name of the tenant.
   65         3. The time, place, and manner of the sale or other
   66  disposition. The sale or other disposition must shall take place
   67  at least 15 days after the first publication.
   68         (c) If there is no newspaper of general circulation in the
   69  area where the self-service storage facility or self-contained
   70  storage unit is located, the advertisement must shall be posted
   71  at least 10 days before the date of the sale or other
   72  disposition in at least three conspicuous places in the
   73  neighborhood where the self-service storage facility or self
   74  contained storage unit is located.
   75         Section 3. Subsection (4) is added to section 83.808,
   76  Florida Statutes, to read:
   77         83.808 Contracts.—
   78         (4)Rental agreements entered into on or after October 1,
   79  2026, must contain a provision that apprises the tenant of the
   80  option to designate an alternate contact to receive notices
   81  required by the Self-storage Facility Act and must provide space
   82  in the agreement to designate the alternate contact.
   83         (a)Failure or refusal of a tenant to designate an
   84  alternate contact does not affect a tenant’s or an owner’s
   85  rights or remedies under this section or under any other law.
   86  The alternate contact, if any, may not have any rights to access
   87  the tenant’s storage space at a self-service storage facility or
   88  the tenant’s self-contained storage unit or the personal
   89  property contained therein unless expressly stated otherwise in
   90  the rental agreement.
   91         (b)For rental agreements entered into before October 1,
   92  2026, an owner may send notice to the tenant’s last known
   93  address to apprise the tenant of his or her right to designate
   94  an alternate contact by the method specified by the owner in the
   95  notice.
   96         Section 4. This act shall take effect October 1, 2026.