HB 0557

1
A bill to be entitled
2An act relating to lost or abandoned property; amending s.
3705.101, F.S.; revising the definition of the term "lost
4property"; defining the term "private property"; amending
5s. 705.103, F.S.; amending procedures for lost or
6abandoned property to include lost or abandoned property
7found on private property; providing an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Subsection (2) of section 705.101, Florida
12Statutes, is amended, and subsection (7) is added to said
13section, to read:
14     705.101  Definitions.--As used in this chapter:
15     (2)  "Lost property" means all tangible personal property
16which does not have an identifiable owner and which has been
17mislaid on public or private property, upon a public conveyance,
18on premises used at the time for business purposes, or in parks,
19places of amusement, public recreation areas, or other places
20open to the public in a substantially operable, functioning
21condition or which has an apparent intrinsic value to the
22rightful owner.
23     (7)  "Private property" means any property that belongs
24absolutely to an individual and over which he or she has the
25exclusive right of disposition. Private property also means
26property of a specific, fixed, and tangible nature, capable of
27being possessed and transmitted to another, such as houses,
28lands, and chattels.
29     Section 2.  Subsections (1) and (2) of section 705.103,
30Florida Statutes, are amended to read:
31     705.103  Procedure for abandoned or lost property.--
32     (1)  Whenever a law enforcement officer ascertains that an
33article of lost or abandoned property is present on public or
34private property and is of such nature that it can be easily
35removed, the officer shall take such article into custody and
36shall make a reasonable attempt to ascertain the rightful owner
37or lienholder pursuant to the provisions of this section.
38     (2)  Whenever a law enforcement officer ascertains that an
39article of lost or abandoned property is present on public or
40private property and is of such nature that it cannot be easily
41removed, the officer shall cause a notice to be placed upon such
42article in substantially the following form:
43
44NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
45PROPERTY. This property, to wit:   (setting forth brief
46description)   is unlawfully upon public or private property
47known as   (setting forth brief description of location)   and
48must be removed within 5 days; otherwise, it will be removed and
49disposed of pursuant to chapter 705, Florida Statutes. The owner
50will be liable for the costs of removal, storage, and
51publication of notice. Dated this:   (setting forth the date of
52posting of notice)  , signed:   (setting forth name, title,
53address, and telephone number of law enforcement officer)  .
54
55Such notice shall be not less than 8 inches by 10 inches and
56shall be sufficiently weatherproof to withstand normal exposure
57to the elements. In addition to posting, the law enforcement
58officer shall make a reasonable effort to ascertain the name and
59address of the owner. If such is reasonably available to the
60officer, she or he shall mail a copy of such notice to the owner
61on or before the date of posting. If the property is a motor
62vehicle as defined in s. 320.01(1) or a vessel as defined in s.
63327.02, the law enforcement agency shall contact the Department
64of Highway Safety and Motor Vehicles in order to determine the
65name and address of the owner and any person who has filed a
66lien on the vehicle or vessel as provided in s. 319.27(2) or (3)
67or s. 328.15(1). On receipt of this information, the law
68enforcement agency shall mail a copy of the notice by certified
69mail, return receipt requested, to the owner and to the
70lienholder, if any. If, at the end of 5 days after posting the
71notice and mailing such notice, if required, the owner or any
72person interested in the lost or abandoned article or articles
73described has not removed the article or articles from public or
74private property or shown reasonable cause for failure to do so,
75the following shall apply:
76     (a)  For abandoned property, the law enforcement agency may
77retain any or all of the property for its own use or for use by
78the state or unit of local government, trade such property to
79another unit of local government or state agency, donate the
80property to a charitable organization, sell the property, or
81notify the appropriate refuse removal service.
82     (b)  For lost property, the officer shall take custody and
83the agency shall retain custody of the property for 90 days. The
84agency shall publish notice of the intended disposition of the
85property, as provided in this section, during the first 45 days
86of this time period.
87     1.  If the agency elects to retain the property for use by
88the unit of government, donate the property to a charitable
89organization, surrender such property to the finder, sell the
90property, or trade the property to another unit of local
91government or state agency, notice of such election shall be
92given by an advertisement published once a week for 2
93consecutive weeks in a newspaper of general circulation in the
94county where the property was found if the value of the property
95is more than $100. If the value of the property is $100 or less,
96notice shall be given by posting a description of the property
97at the law enforcement agency where the property was turned in.
98The notice must be posted for not less than 2 consecutive weeks
99in a public place designated by the law enforcement agency. The
100notice must describe the property in a manner reasonably
101adequate to permit the rightful owner of the property to claim
102it.
103     2.  If the agency elects to sell the property, it must do
104so at public sale by competitive bidding. Notice of the time and
105place of the sale shall be given by an advertisement of the sale
106published once a week for 2 consecutive weeks in a newspaper of
107general circulation in the county where the sale is to be held.
108The notice shall include a statement that the sale shall be
109subject to any and all liens. The sale must be held at the
110nearest suitable place to that where the lost or abandoned
111property is held or stored. The advertisement must include a
112description of the goods and the time and place of the sale. The
113sale may take place no earlier than 10 days after the final
114publication. If there is no newspaper of general circulation in
115the county where the sale is to be held, the advertisement shall
116be posted at the door of the courthouse and at three other
117public places in the county at least 10 days prior to sale.
118Notice of the agency's intended disposition shall describe the
119property in a manner reasonably adequate to permit the rightful
120owner of the property to identify it.
121     Section 3.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.