Senate Bill 386 (2025) — Self-storage spaces
SB 386
Florida Bills
Florida Senate - 2025 SB 386 By Senator Harrell 31-00746-25 2025386__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to self-storage spaces; amending s. 2 83.803, F.S.; revising the definition of the term 3 “last known address”; amending s. 83.806, F.S.; 4 revising the notice requirements of owners of self-5 storage units in order to enforce a lien on a tenant’s 6 property; revising the notice requirements for such 7 owners who wish to sell such tenant’s property; 8 amending s. 83.808, F.S.; requiring that rental 9 agreements for renters of self-storage units which are 10 entered into on or after a specified date provide 11 certain information in compliance with the Florida 12 Self-storage Facility Act; providing that failure or 13 refusal of a tenant to designate an alternate contact 14 does not affect a tenant’s or an owner’s rights or 15 remedies; providing an exception; authorizing owners 16 of a self-storage unit to send notice to certain 17 tenants’ last known address to apprise such tenants of 18 a specified right; reenacting s. 713.78(2)(b), F.S., 19 relating to liens for recovering, towing, or storing 20 vehicles and vessels, to incorporate the amendment 21 made to s. 83.806, F.S., in a reference thereto; 22 providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26
Section 1. Subsection (1) of
section 83.803, Florida 27 Statutes, is amended to read: 28 83.803
Definitions.—As used in ss. 83.801-83.809: 29
Florida Senate - 2025 SB 386 31-00746-25 2025386__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. (1) “Last known address” means the street address or post 30 office box address provided by the tenant in the latest rental 31 agreement or, subject to any requirement in the rental 32 agreement, in a subsequent written change-of-address notice 33 provided by hand delivery, first-class mail, or e-mail. 34
Section 2. Subsections (1) and (4) of
section 83.806, 35 Florida Statutes, are amended to read: 36 83.806 Enforcement of lien.—An owner’s lien as provided in 37 s. 83.805 may be satisfied as follows: 38
(1) The owner must notify the tenant and any alternate 39 contact tenant shall be notified by written notice delivered in 40 person, by e-mail, or by first-class mail with a certificate of 41 mailing to the tenant’s and, if applicable, the alternate 42 contact’s last known addresses address and conspicuously posted 43 at the self-service storage facility or on the self-contained 44 storage unit.
If the owner sends notice of a pending sale of 45 property to the tenant’s last known e-mail address and does not 46 receive a response, return receipt, or delivery confirmation 47 from the same e-mail address, the owner must send notice of the 48 sale to the tenant by first-class mail with a certificate of 49 mailing to the tenant’s last known address before proceeding 50 with the sale. 51
(4) After the expiration of the time given in the notice, 52 an advertisement of the sale or other disposition must shall be 53 published once a week for 2 consecutive weeks in a newspaper of 54 general circulation in the area where the self-service storage 55 facility or self-contained storage unit is located or on a 56 public website that customarily conducts or advertises personal 57 property auctions or sales. 58
Florida Senate - 2025 SB 386 31-00746-25 2025386__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. (
a) A lien sale may be conducted on a public website that 59 customarily conducts personal property auctions or sales. The 60 facility or unit owner is not required to hold a license to post 61 property for online sale. Inasmuch As any sale may involve 62 property of more than one tenant, a single advertisement may be 63 used to dispose of property at any one sale. 64 (
b) The advertisement must shall include: 65 1. A brief and general description of what is believed to 66 constitute the personal property contained in the storage unit, 67 as provided in paragraph (2)(b). 68 2. The address of the self-service storage facility or the 69 address where the self-contained storage unit is located and the 70 name of the tenant. 71 3. The time, place, and manner of the sale or other 72 disposition. The sale or other disposition must shall take place 73 at least 15 days after the first publication. 74 (
c) If there is no newspaper of general circulation in the 75 area where the self-service storage facility or self-contained 76 storage unit is located and the owner does not publish the 77 advertisement on a public website that customarily conducts or 78 advertises personal property auctions or sales, the 79 advertisement must shall be posted at least 10 days before the 80 date of the sale or other disposition in at least three 81 conspicuous places in the neighborhood where the self-service 82 storage facility or self-contained storage unit is located. 83
Section 3. Subsection (4) is added to
section 83.808, 84 Florida Statutes, to read: 85 83.808 Contracts.— 86
(4) Rental agreements entered into on or after September 1, 87
Florida Senate - 2025 SB 386 31-00746-25 2025386__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. 2025, must contain a provision that apprises the tenant of the 88 option to designate an alternate contact to receive notices 89 required by the Florida Self-storage Facility Act and must 90 provide space in the agreement to designate the alternate 91 contact. 92 (
a) Failure or refusal of a tenant to designate an 93 alternate contact does not affect a tenant’s or an owner’s 94 rights or remedies under this
section or under any other law. 95 The alternate contact, if any, may not have any rights to access 96 the tenant’s storage space at a self-service storage facility or 97 the tenant’s self-contained storage unit or the personal 98 property contained therein unless expressly stated otherwise in 99 the rental agreement. 100 (
b) For rental agreements entered into before September 1, 101 2025, an owner may send notice to the tenant’s last known 102 address to apprise the tenant of his or her right to designate 103 an alternate contact by the method specified by the owner in the 104 notice. 105
Section 4. For the purpose of incorporating the amendment 106 made by this act to
section 83.806, Florida Statutes, in a 107 reference thereto, paragraph (
b) of subsection (2) of
section 108 713.78, Florida Statutes, is reenacted to read: 109 713.78 Liens for recovering, towing, or storing vehicles 110 and vessels.— 111 (2) 112 (
b) If a towing-storage operator recovers, removes, or 113 stores a vehicle or vessel upon instructions from: 114 1. The owner thereof; 115 2. The owner or lessor, or a person authorized by the owner 116
Florida Senate - 2025 SB 386 31-00746-25 2025386__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. or lessor, of property on which such vehicle or vessel is 117 wrongfully parked, and the removal is done in compliance with s. 118 715.07; 119 3. The landlord or a person authorized by the landlord, 120 when such vehicle or vessel remained on the premises after the 121 tenancy terminated and the removal is done in compliance with s. 122 83.806 or s. 715.104; or 123 4.
Any law enforcement agency, county, or municipality, 124 125 she or he has a lien on the vehicle or vessel for fees specified 126 in paragraph (a), except that a storage fee may not be charged 127 if the vehicle or vessel is stored for less than 6 hours. 128