SB 456 — Self-service Storage Facility Liens

Florida Senate - 2024 CS for SB 456 By Senatorthe HarrellCommittee 31-00628A-24on 2024456__Judiciary; A bill to be entitled An act relating to self-service storage facility liens;

and Senator Harrell 590-02631-24 2024456c1 A bill to be entitled An act relating to self-service storage facility liens;

requiring rental agreements to include a warning that states, if the property is advertised for sale or other disposition, a description of the property will be published in the advertisement;

making technical changes;

Subsections (1)(1), (2), and (4) of section 83.806, Florida Statutes, are amended to read:

(1) The tenant must shall be notified by written notice delivered in person, by e-mail, or by first-class mail with a certificate of mailing to the tenant’s last known address and thePage last1 known address of the4 alternateCODING: contact person designated by the tenant under the rental agreement, if any, and conspicuously posted at the self-service storage facility or on the self-contained storage unit.

If the owner sends notice of a Page 1 of 3 CODING:

Florida Senate - 2024 CS for SB 456 31-00628A-24590-02631-24 2024456__2024456c1 pending sale of property to the tenant’s and the alternate contact person’s last known e-mail address and does not receive a response, return receipt, or delivery confirmation from the same e-mail address, the owner must send notice of the sale to the tenant and the alternate contact person designated by first-classthe mailtenant withunder athe certificaterental ofagreement, mailingif toany, the tenant’s and theconspicuously alternateposted contactat person’sthe lastself-service knownstorage addressfacility beforeor proceedingon with the sale.self-contained storage unit.

(4)If After the expirationowner sends notice of thea timepending givensale inof theproperty notice,to anthe advertisementtenant’s ofand the salealternate orcontact otherperson’s dispositionlast mustknown shalle-mail beaddress publishedand oncedoes not receive a week,response, forreturn areceipt, fullor day,delivery forconfirmation 2from consecutivethe weekssame ine-mail aaddress, newspaperthe ofowner generalmust circulationsend innotice of the areasale into whichthe wheretenant and the self-servicealternate storagecontact facilityperson orby self-containedfirst-class storagemail unitwith isa locatedcertificate orof onmailing ato publicthe websitetenant’s thatand customarilythe conductsalternate orcontact advertisesperson’s personallast propertyknown auctions.address before proceeding with the sale.

(2) The notice shall include:

(a) An itemized statement of the owner’s claim, showing the sum due at the time of the notice and the date when the sum became due.

(b) The same description, or a reasonably similar description, of the personal property as provided in the rental agreement.

(c) A demand for payment within a specified time not less than 14 days after delivery of the notice.

(d) A conspicuous statement that, unless the claim is paid within the time stated in the notice, the personal property will be advertised for sale or other disposition and will be sold or otherwise disposed of at a specified time and place.

(e) If the advertisement for sale will be published on a public website that customarily conducts or advertises personal property auctions, the name of the website on which the advertisement will be published.

Page 2 of 4 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 456 590-02631-24 2024456c1 (f) The name, street address, and telephone number of the owner whom the tenant may contact to respond to the notice.

(4) After the expiration of the time given in the notice, an advertisement of the sale or other disposition must shall be published once a week for 2 consecutive weeks in a newspaper of general circulation in the area in which where the self-service storage facility or self-contained storage unit is located or for 7 consecutive full days on a public website that customarily conducts or advertises personal property auctions.

The time, place, and manner of the sale or other Pagedisposition. 2 of 3 CODING:

The sale or other disposition shall take place at least 15 days after the first publication.

(c) If there is no newspaper of general circulation in the area in which where the self-service storage facility or self- contained storage unit is located and the owner does not publish the advertisement on a public website that customarily conducts Page 3 of 4 CODING:

Florida Senate - 2024 CS for SB 456 31-00628A-24590-02631-24 2024456__2024456c1 disposition.or advertises personal property auctions, the advertisement must shall be posted at least 10 days before the date of the sale or other disposition in at least three conspicuous places in the neighborhood in which where the self-service storage facility or self-contained storage unit is located.

The sale or other disposition shall take place at least 15 days after the first publication.

(c) If there is no newspaper of general circulation in the area in which where the self-service storage facility or self- contained storage unit is located and the owner does not publish the advertisement on a public website that customarily conducts or advertises personal property auctions, the advertisement must shall be posted at least 10 days before the date of the sale or other disposition in at least three conspicuous places in the neighborhood in which where the self-service storage facility or self-contained storage unit is located.

83.808 Contracts.— (4) A rental agreement must contain a provision that authorizes the tenantfollowing: to designate an optional alternate contact person.

The(a) A provision authorizing the tenant to designate an optional alternate contact person, which person may be contacted only for purposes of providing notice under s.

(b) A warning that, if the property is advertised for sale or other disposition, a description of what is believed to constitute the personal property contained in the storage unit will be published in the advertisement.

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