Tuesday, March 1, 2016

Proposed Changes to the Florida Lien Laws

The Florida Self Storage Association and the national Self Storage Association are currently lobbying the Florida legislature for changes to the Florida Self Storage Facility Act. The bills, House Bill 559 and Senate Bill 720, are currently going before committee in both houses. Upon approval, they will go to the floor of the legislature for a vote. If the bills pass both the House and the Senate, it would then be sent to Governor Scott to sign into law. The bills would likely go into effect on July 1, 2016.

The following is a summary of the proposed changes to the Florida Self Storage Facility Act and what it means for the storage facility owner or operator.

  • The sale must be “published once a week for 2 consecutive weeks in a newspaper of general circulation or an internet website developed by the Office of State Courts Administrator.’
    • Legal advertisements can be placed on a website operated by the Office of State Courts Administrator. This will not be free. There will be a fee passed on to the facility operator for the development, use, and maintenance of the website. However, it is expected to be a much cheaper alternative than advertising in a newspaper of general circulation. The newspaper advertisements will still be a legal option as well. The format of the legal ad will not change. For example, the tenant’s name, description of property, and manner of sale will still need to be advertised.
  • “A lien sale may be conducted on a public website that customarily conducts personal property auctions.”
    • Lien sales can take place on a public website that customarily conducts personal property auctions. There will be no longer be any question as to the legality of conducting lien sales online.
  • “If a lien is claimed on property that is a motor vehicle or water craft and the rent and other charges remain unpaid for 60 days, the facility owner can sell the property at pubic auction or have it towed. 
    • Storage vehicles can be towed after 60 days if the rent remains unpaid. There will need to be clearly visible signs on the property indicating who would be towing the vehicle and the tow company would need to be complaint with all of their statutes in order to tow the vehicle. The vehicle can still be sold at auction if the operator feels a sale would recover more of the debt owed. The new version of the lien laws will have more clearly defined procedures for selling a vehicle. 
About the Author - Cheli Rosa - Managing Partner, Auctioneer, Company Administrator, Social Media Manager, Mom, Kite Flyer, Pinterest Addict and Amateur Scrapbooker.

March 1, 2016


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    Your regards
    Alfaj Ripon

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