SB 720 & HB 559- Relating to Self-Storage Facilities
On Tuesday, December 1st, SB 720, relating to Self-storage Facilities, by Senator Travis Hutson (R-Palm Coast) was heard in the Senate Judiciary Committee and passed with 7 yeas and 1 nay.
AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, spoke in support of Senator Arthenia Joyner’s (D-Tampa) amendment to the bill which would have ensured that a broad public notice system remain in place for self-storage facilities. This amendment was not adopted and a “commercially reasonable” public notice system will remain in the bill. Therefore, AIF opposes this bill.
On Wednesday, December 2nd, HB 559, relating to Self-storage Facilities, by Rep. Mike LaRosa (R-St.Cloud) passed through the House Business & Professions Subcommittee with 8 yeas and 2 nays.
AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, spoke in support of Rep. Joseph Geller’s (D-Dania Beach) amendment to the bill that would have made a broad and conspicuous public notice of the sale or disposition of the property mandatory. This amendment also failed and AIF opposes this bill.
SB 720 and HB 559 substantially revise the process that the owner of a self-storage facility may advertise and sell the personal property of a delinquent tenant. Under the bill, owners are no longer required to advertise a property sale via a local newspaper; such advertisements may now be posted in any “commercially reasonable manner.” Rather than rely on the courts to determine precisely what “commercially reasonable” means, the bill defines the term itself. If at least three bidders—all of whom are unrelated to the seller—attend the sale or register to bid online at the sale, the advertisement is commercially reasonable.
SB 720 will move on to the Senate Regulated Industries Committee.
HB 559 will move to its last committee stop in the House Regulatory Affairs Committee.
AIF continues to support requirements that public notices be printed in local newspapers as defined by Chapter 50, Florida Statutes, as well as displayed on the Internet.
AIF’s Brewster Bevis released this statement regarding SB 720 & HB 559:
AIF Issues Statement on Language in Senate Bill 720 & House Bill 559
Which Limits Public Notice in Self-Storage
Tallahassee, Fla. – Associated Industries of Florida (AIF) today released the following statement, attributable to its Senior Vice President of State and Federal Affairs Brewster Bevis, regarding language in Senate Bill 720 and House Bill 559, which limits public notice when self-storage facilities sell a renter’s property for past rent.
“Provisions in SB 720 and HB 559 significantly limit public notice when self-storage facilities sell a renter’s property for past rent by allowing facilities to only notice the auction in a ‘commercially-reasonable manner.’ This means only three bidders must be present for an auction or register for an online sale. Under this proposed language, the facility could only provide notice on their own website if they choose.
“Public notice in newspapers casts the broadest possible net and Floridians rely on newspapers to provide this type of critical information. By removing this important consumer protection, property rights and the rights of lienholders are gravely diminished.
“We urge members of the Senate Judiciary Committee and House Subcommittee on Business & Professions to consider the important role the broadest possible public notice plays in protecting owners and lienholders as they deliberate this week. We strongly urge members to reject language that diminishes the current tried-and-true system of public notice in Florida’s marketplace.”
SB 720 is scheduled for a hearing in the Senate Judiciary Committee on Tuesday, December 1, 2015, at 4 p.m. EST and HB 559 is scheduled for a hearing in the House Subcommittee on Business & Professions on Wednesday, December 2, 2015, at 4 p.m. EST.
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HB 461- Relating to Location of Utilities
On Wednesday, December 2nd, HB 461, relating to Location of Utilities, by Rep. Clay Ingram (R-Pensacola) unanimously passed through the House Local Government Affairs Subcommittee with 12 yeas and 0 nays. AIF’s Senior Vice President of State and Federal Affairs, Brewster Bevis, stood in support of this bill.
HB 461 will address who is the responsible party for the cost of relocating utility facilities in a public easement. Easements dedicated to the public for utilities are typically located along existing road or highway rights-of-way and are available for use by a variety of utility providers. The bill flips the responsibility to bear relocation costs from the utility owner to the state or local government requiring the facilities to be relocated. The owner of a utility that requires relocation will be liable for relocation costs only if their lines and facilities are across, on or “within” the right-of-way, rather than “along” any right-of-way.
The next stop for HB 461 will be in the House Appropriations Committee.
AIF supports protecting the private property rights of Florida businesses.
