Bill Text: FL S0386 | 2025 | Regular Session | Introduced
Bill Title: Self-storage Spaces
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-28 - Filed [S0386 Detail]
Download: Florida-2025-S0386-Introduced.html
Florida Senate - 2025 SB 386
By Senator Harrell
31-00746-25 2025386__
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; revising the notice requirements for such
8 owners who wish to sell such tenant’s property;
9 amending s. 83.808, F.S.; requiring that rental
10 agreements for renters of self-storage units which are
11 entered into on or after a specified date provide
12 certain information in compliance with the Florida
13 Self-storage Facility Act; providing that failure or
14 refusal of a tenant to designate an alternate contact
15 does not affect a tenant’s or an owner’s rights or
16 remedies; providing an exception; authorizing owners
17 of a self-storage unit to send notice to certain
18 tenants’ last known address to apprise such tenants of
19 a specified right; reenacting s. 713.78(2)(b), F.S.,
20 relating to liens for recovering, towing, or storing
21 vehicles and vessels, to incorporate the amendment
22 made to s. 83.806, F.S., in a reference thereto;
23 providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Subsection (1) of section 83.803, Florida
28 Statutes, is amended to read:
29 83.803 Definitions.—As used in ss. 83.801-83.809:
30 (1) “Last known address” means the street address or post
31 office box address provided by the tenant in the latest rental
32 agreement or, subject to any requirement in the rental
33 agreement, in a subsequent written change-of-address notice
34 provided by hand delivery, first-class mail, or e-mail.
35 Section 2. Subsections (1) and (4) of section 83.806,
36 Florida Statutes, are amended to read:
37 83.806 Enforcement of lien.—An owner’s lien as provided in
38 s. 83.805 may be satisfied as follows:
39 (1) The owner must notify the tenant and any alternate
40 contact tenant shall be notified by written notice delivered in
41 person, by e-mail, or by first-class mail with a certificate of
42 mailing to the tenant’s and, if applicable, the alternate
43 contact’s last known addresses address and conspicuously posted
44 at the self-service storage facility or on the self-contained
45 storage unit. If the owner sends notice of a pending sale of
46 property to the tenant’s last known e-mail address and does not
47 receive a response, return receipt, or delivery confirmation
48 from the same e-mail address, the owner must send notice of the
49 sale to the tenant by first-class mail with a certificate of
50 mailing to the tenant’s last known address before proceeding
51 with the sale.
52 (4) After the expiration of the time given in the notice,
53 an advertisement of the sale or other disposition must shall be
54 published once a week for 2 consecutive weeks in a newspaper of
55 general circulation in the area where the self-service storage
56 facility or self-contained storage unit is located or on a
57 public website that customarily conducts or advertises personal
58 property auctions or sales.
59 (a) A lien sale may be conducted on a public website that
60 customarily conducts personal property auctions or sales. The
61 facility or unit owner is not required to hold a license to post
62 property for online sale. Inasmuch As any sale may involve
63 property of more than one tenant, a single advertisement may be
64 used to dispose of property at any one sale.
65 (b) The advertisement must shall include:
66 1. A brief and general description of what is believed to
67 constitute the personal property contained in the storage unit,
68 as provided in paragraph (2)(b).
69 2. The address of the self-service storage facility or the
70 address where the self-contained storage unit is located and the
71 name of the tenant.
72 3. The time, place, and manner of the sale or other
73 disposition. The sale or other disposition must shall take place
74 at least 15 days after the first publication.
75 (c) If there is no newspaper of general circulation in the
76 area where the self-service storage facility or self-contained
77 storage unit is located and the owner does not publish the
78 advertisement on a public website that customarily conducts or
79 advertises personal property auctions or sales, the
80 advertisement must shall be posted at least 10 days before the
81 date of the sale or other disposition in at least three
82 conspicuous places in the neighborhood where the self-service
83 storage facility or self-contained storage unit is located.
84 Section 3. Subsection (4) is added to section 83.808,
85 Florida Statutes, to read:
86 83.808 Contracts.—
87 (4) Rental agreements entered into on or after September 1,
88 2025, must contain a provision that apprises the tenant of the
89 option to designate an alternate contact to receive notices
90 required by the Florida Self-storage Facility Act and must
91 provide space in the agreement to designate the alternate
92 contact.
93 (a) Failure or refusal of a tenant to designate an
94 alternate contact does not affect a tenant’s or an owner’s
95 rights or remedies under this section or under any other law.
96 The alternate contact, if any, may not have any rights to access
97 the tenant’s storage space at a self-service storage facility or
98 the tenant’s self-contained storage unit or the personal
99 property contained therein unless expressly stated otherwise in
100 the rental agreement.
101 (b) For rental agreements entered into before September 1,
102 2025, an owner may send notice to the tenant’s last known
103 address to apprise the tenant of his or her right to designate
104 an alternate contact by the method specified by the owner in the
105 notice.
106 Section 4. For the purpose of incorporating the amendment
107 made by this act to section 83.806, Florida Statutes, in a
108 reference thereto, paragraph (b) of subsection (2) of section
109 713.78, Florida Statutes, is reenacted to read:
110 713.78 Liens for recovering, towing, or storing vehicles
111 and vessels.—
112 (2)
113 (b) If a towing-storage operator recovers, removes, or
114 stores a vehicle or vessel upon instructions from:
115 1. The owner thereof;
116 2. The owner or lessor, or a person authorized by the owner
117 or lessor, of property on which such vehicle or vessel is
118 wrongfully parked, and the removal is done in compliance with s.
119 715.07;
120 3. The landlord or a person authorized by the landlord,
121 when such vehicle or vessel remained on the premises after the
122 tenancy terminated and the removal is done in compliance with s.
123 83.806 or s. 715.104; or
124 4. Any law enforcement agency, county, or municipality,
125
126 she or he has a lien on the vehicle or vessel for fees specified
127 in paragraph (a), except that a storage fee may not be charged
128 if the vehicle or vessel is stored for less than 6 hours.
129 Section 5. This act shall take effect July 1, 2025.
