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.