Bill Text: FL S0646 | 2012 | Regular Session | Comm Sub

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Bill Title: Self-service Storage Facilities

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-03-08 - Laid on Table, refer to CS/HB 715 -SJ 975 [S0646 Detail]

Download: Florida-2012-S0646-Comm_Sub.html

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       Florida Senate - 2012                              CS for SB 646
       
       
       
       By the Committee on Regulated Industries; and Senator Wise
       
       
       
       
       580-02025-12                                           2012646c1
    1                        A bill to be entitled                      
    2         An act relating to self-service storage facilities;
    3         amending s. 83.803, F.S.; revising the definition of
    4         the term “last known address”; amending s. 83.806,
    5         F.S.; revising notice requirements relating to
    6         enforcing an owner’s lien; authorizing notice by e
    7         mail or first-class mail with a certificate of
    8         mailing; providing requirements for e-mail notice;
    9         revising provisions relating to when notice given is
   10         presumed delivered; amending s. 83.808, F.S.;
   11         requiring rental agreements and applications for
   12         rental agreements to contain a provision for the
   13         disclosure of the applicant’s membership in the
   14         uniformed services; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Subsection (6) of section 83.803, Florida
   19  Statutes, is amended to read:
   20         83.803 Definitions.—As used in ss. 83.801-83.809:
   21         (6) “Last known address” means the street that address or
   22  post office box address provided by the tenant in the latest
   23  rental agreement or in a subsequent written change-of-address
   24  notice provided the address provided by the tenant by hand
   25  delivery, first-class mail, or e-mail certified mail in a
   26  subsequent written notice of a change of address.
   27         Section 2. Subsections (1), (3), and (8) of section 83.806,
   28  Florida Statutes, are amended to read:
   29         83.806 Enforcement of lien.—An owner’s lien as provided in
   30  s. 83.805 may be satisfied as follows:
   31         (1) The tenant shall be notified by written notice
   32  delivered in person, by e-mail, or by first-class certified mail
   33  with a certificate of mailing, to the tenant’s last known
   34  address and conspicuously posted at the self-service storage
   35  facility or on the self-contained storage unit. If the owner
   36  sends notice of a pending sale of property to the tenant’s last
   37  known e-mail address and does not receive a response, return
   38  receipt, or delivery confirmation from the same e-mail address,
   39  the owner must send notice of the sale to the tenant by first
   40  class mail with a certificate of mailing to the tenant’s last
   41  known address before proceeding with the sale.
   42         (3) Any notice given pursuant to this section shall be
   43  presumed delivered when it is deposited with the United States
   44  Postal Service, registered, and properly addressed with postage
   45  prepaid.
   46         (8) In the event of a sale under this section, the owner
   47  may satisfy his or her lien from the proceeds of the sale,
   48  provided the owner’s lien has priority over all other liens in
   49  the personal property. The lien rights of secured lienholders
   50  are automatically transferred to the remaining proceeds of the
   51  sale. The balance, if any, shall be held by the owner for
   52  delivery on demand to the tenant. A notice of any balance shall
   53  be delivered by the owner to the tenant in person or by first
   54  class certified mail with a certificate of mailing, to the last
   55  known address of the tenant. If the tenant does not claim the
   56  balance of the proceeds within 2 years after of the date of
   57  sale, the proceeds shall be deemed abandoned, and the owner
   58  shall have no further obligation with regard to the payment of
   59  the balance. In the event that the owner’s lien does not have
   60  priority over all other liens, the sale proceeds shall be held
   61  for the benefit of the holders of those liens having priority. A
   62  notice of the amount of the sale proceeds shall be delivered by
   63  the owner to the tenant or secured lienholders in person or by
   64  first-class certified mail with a certificate of mailing to
   65  their last known addresses. If the tenant or the secured
   66  lienholders do not claim the sale proceeds within 2 years after
   67  of the date of sale, the proceeds shall be deemed abandoned, and
   68  the owner shall have no further obligation with regard to the
   69  payment of the proceeds.
   70         Section 3. Section 83.808, Florida Statutes, is amended to
   71  read:
   72         83.808 Contracts Contractual liens.—
   73         (1) Nothing in ss. 83.801-83.809 shall be construed as in
   74  any manner impairing or affecting the right of parties to create
   75  liens by special contract or agreement nor shall it in any
   76  manner impair or affect any other lien arising at common law, in
   77  equity, or by any statute of this state or any other lien not
   78  provided for in s. 83.805.
   79         (2) A rental agreement or an application for a rental
   80  agreement must contain a provision disclosing whether the
   81  applicant is a member of the uniformed services as that term is
   82  defined in 10 U.S.C. s. 101(a)(5).
   83         Section 4. This act shall take effect July 1, 2012.