Florida Senate - 2024 SB 682
By Senator Martin
18-00753-24 2024682__
1 A bill to be entitled
2 An act relating to lost or abandoned property;
3 amending s. 705.103, F.S.; revising the timeframe
4 after which a law enforcement agency may take certain
5 actions relating to abandoned property or specified
6 vessels if the owner has not taken specified actions;
7 making technical changes; reenacting ss.
8 327.4107(7)(a), 327.4108(6)(d), 327.60(5),
9 327.66(2)(a), 327.73(1)(aa), 379.338(1), 705.104(1),
10 705.105(1)(a), 713.585(8), and 823.11(2)(d), F.S.,
11 relating to a program to remove, relocate, or destroy
12 vessels at risk of becoming derelict on waters of this
13 state, the anchoring of vessels with more than three
14 violations within a 12-month period in anchoring
15 limitation areas, local regulations for procedures to
16 remove abandoned or lost vessels affixed to a public
17 dock or mooring, the removal of specified gasoline and
18 gasoline containers on vessels and the removal of such
19 vessels by a law enforcement agency, civil penalties
20 for violations of specified laws relating to certain
21 vessels, confiscation and disposition of illegally
22 taken wildlife, freshwater fish, and saltwater fish,
23 title to lost or abandoned property, the procedure
24 regarding certain unclaimed evidence, the proceeds and
25 disposition from the sale of certain motor vehicles,
26 and the removal and destruction of specified derelict
27 vessels, respectively, to incorporate the amendment
28 made to s. 705.103, F.S., in references thereto;
29 providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Paragraph (a) of subsection (2) of section
34 705.103, Florida Statutes, is amended to read:
35 705.103 Procedure for abandoned or lost property.—
36 (2)(a)1. Whenever a law enforcement officer ascertains
37 that:
38 a. An article of lost or abandoned property other than a
39 derelict vessel or a vessel declared a public nuisance pursuant
40 to s. 327.73(1)(aa) is present on public property and is of such
41 nature that it cannot be easily removed, the officer shall cause
42 a notice to be placed upon such article in substantially the
43 following form:
44
45 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
46 PROPERTY. This property, to wit: ...(setting forth brief
47 description)... is unlawfully upon public property known as
48 ...(setting forth brief description of location)... and must be
49 removed within 5 days; otherwise, it will be removed and
50 disposed of pursuant to chapter 705, Florida Statutes. The owner
51 will be liable for the costs of removal, storage, and
52 publication of notice. Dated this: ...(setting forth the date of
53 posting of notice)..., signed: ...(setting forth name, title,
54 address, and telephone number of law enforcement officer)....
55
56 b. A derelict vessel or a vessel declared a public nuisance
57 pursuant to s. 327.73(1)(aa) is present on the waters of this
58 state, the officer shall cause a notice to be placed upon such
59 vessel in substantially the following form:
60
61 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
62 VESSEL. This vessel, to wit: ...(setting forth brief description
63 of location)... has been determined to be ...(derelict or a
64 public nuisance)... and is unlawfully upon the waters of this
65 state ...(setting forth brief description of location)... and
66 must be removed within 21 days; otherwise, it will be removed
67 and disposed of pursuant to chapter 705, Florida Statutes. The
68 owner and other interested parties have the right to a hearing
69 to challenge the determination that this vessel is derelict or
70 otherwise in violation of the law. Please contact ...(contact
71 information for person who can arrange for a hearing in
72 accordance with this section).... The owner or the party
73 determined to be legally responsible for the vessel being upon
74 the waters of this state in a derelict condition or as a public
75 nuisance will be liable for the costs of removal, destruction,
76 and disposal if this vessel is not removed by the owner. Dated
77 this: ...(setting forth the date of posting of notice)...,
78 signed: ...(setting forth name, title, address, and telephone
79 number of law enforcement officer)....
80
81 2. The notices required under subparagraph 1. may not be
82 less than 8 inches by 10 inches and must be sufficiently
83 weatherproof to withstand normal exposure to the elements. In
84 addition to posting, the law enforcement officer shall make a
85 reasonable effort to ascertain the name and address of the
86 owner, and, if. If such is reasonably available to the officer,
87 she or he or she must shall mail a copy of the applicable such
88 notice to the owner on or before the date of posting. If the
89 property is a motor vehicle as defined in s. 320.01(1) or a
90 vessel as defined in s. 327.02, the law enforcement agency must
91 shall contact the Department of Highway Safety and Motor
92 Vehicles in order to determine the name and address of the owner
93 and any person who has filed a lien on the vehicle or vessel as
94 provided in s. 319.27(2) or (3) or s. 328.15. On receipt of this
95 information, the law enforcement agency shall mail a copy of the
96 notice by certified mail, return receipt requested, to the owner
97 and to the lienholder, if any, except that a law enforcement
98 officer who has issued a citation for a violation of s. 823.11
99 to the owner of a derelict vessel is not required to mail a copy
100 of the notice by certified mail, return receipt requested, to
101 the owner. For a derelict vessel or a vessel declared a public
102 nuisance pursuant to s. 327.73(1)(aa), the mailed notice must
103 inform the owner or responsible party that he or she has a right
104 to a hearing to dispute the determination that the vessel is
105 derelict or otherwise in violation of the law. If a request for
106 a hearing is made, a state agency must shall follow the
107 processes as set forth in s. 120.569. Local governmental
108 entities shall follow the processes set forth in s. 120.569,
109 except that a local judge, magistrate, or code enforcement
110 officer may be designated to conduct such a hearing. If, at the
111 end of 5 days after posting the notice in sub-subparagraph 1.a.,
112 or at the end of 21 days after the posting or mailing of the
113 notice, if required, whichever occurs later, posting the notice
114 in sub-subparagraph 1.b., and mailing such notice, if required,
115 the owner or any person interested in the lost or abandoned
116 article or articles described has not removed the article or
117 articles from public property or shown reasonable cause for
118 failure to do so, and, in the case of a derelict vessel or a
119 vessel declared a public nuisance pursuant to s. 327.73(1)(aa),
120 has not requested a hearing in accordance with this section, the
121 following applies shall apply:
122 a. For abandoned property other than a derelict vessel or a
123 vessel declared a public nuisance pursuant to s. 327.73(1)(aa),
124 the law enforcement agency may retain any or all of the property
125 for its own use or for use by the state or unit of local
126 government, trade such property to another unit of local
127 government or state agency, donate the property to a charitable
128 organization, sell the property, or notify the appropriate
129 refuse removal service.
130 b. For a derelict vessel or a vessel declared a public
131 nuisance pursuant to s. 327.73(1)(aa), the law enforcement
132 agency or its designee may:
133 (I) Remove the vessel from the waters of this state and
134 destroy and dispose of the vessel or authorize another
135 governmental entity or its designee to do so; or
136 (II) Authorize the vessel’s use as an artificial reef in
137 accordance with s. 379.249 if all necessary federal, state, and
138 local authorizations are received.
139
140 A law enforcement agency or its designee may also take action as
141 described in this sub-subparagraph if, following a hearing
142 pursuant to this section, the judge, magistrate, administrative
143 law judge, or hearing officer has determined the vessel to be
144 derelict as provided in s. 823.11 or otherwise in violation of
145 the law in accordance with s. 327.73(1)(aa) and a final order
146 has been entered or the case is otherwise closed.
147 Section 2. For the purpose of incorporating the amendment
148 made by this act to section 705.103, Florida Statutes, in a
149 reference thereto, paragraph (a) of subsection (7) of section
150 327.4107, Florida Statutes, is reenacted to read:
151 327.4107 Vessels at risk of becoming derelict on waters of
152 this state.—
153 (7) The commission may establish a derelict vessel
154 prevention program to address vessels at risk of becoming
155 derelict. Such program may, but is not required to, include:
156 (a) Removal, relocation, and destruction of vessels
157 declared a public nuisance, derelict or at risk of becoming
158 derelict, or lost or abandoned in accordance with s. 327.53(7),
159 s. 327.73(1)(aa), s. 705.103(2) and (4), or s. 823.11(3).
160
161 The commission may adopt rules to implement this subsection.
162 Implementation of the derelict vessel prevention program shall
163 be subject to appropriation by the Legislature and shall be
164 funded by the Marine Resources Conservation Trust Fund or the
165 Florida Coastal Protection Trust Fund.
166 Section 3. For the purpose of incorporating the amendment
167 made by this act to section 705.103, Florida Statutes, in a
168 reference thereto, paragraph (d) of subsection (6) of section
169 327.4108, Florida Statutes, is reenacted to read:
170 327.4108 Anchoring of vessels in anchoring limitation
171 areas.—
172 (6)
173 (d) A vessel that is the subject of more than three
174 violations within 12 months which result in dispositions other
175 than acquittal or dismissal shall be declared to be a public
176 nuisance and subject to s. 705.103 or, for a derelict vessel,
177 subject to s. 823.11.
178 Section 4. For the purpose of incorporating the amendment
179 made by this act to section 705.103, Florida Statutes, in a
180 reference thereto, subsection (5) of section 327.60, Florida
181 Statutes, is reenacted to read:
182 327.60 Local regulations; limitations.—
183 (5) A local government may enact and enforce regulations to
184 implement the procedures for abandoned or lost property that
185 allow the local law enforcement agency to remove a vessel
186 affixed to a public dock or mooring within its jurisdiction that
187 is abandoned or lost property pursuant to s. 705.103(1). Such
188 regulation must require the local law enforcement agency to post
189 a written notice at least 24 hours before removing the vessel.
190 Section 5. For the purpose of incorporating the amendment
191 made by this act to section 705.103, Florida Statutes, in a
192 reference thereto, paragraph (a) of subsection (2) of section
193 327.66, Florida Statutes, is reenacted to read:
194 327.66 Carriage of gasoline on vessels.—
195 (2)(a) Gasoline possessed or transported in violation of
196 this section and all containers holding such gasoline are
197 declared to be a public nuisance. A law enforcement agency
198 discovering gasoline possessed or transported in violation of
199 paragraph (1)(a) shall abate the nuisance by removing the
200 gasoline and containers from the vessel and from the waters of
201 this state. A law enforcement agency that removes gasoline or
202 containers pursuant to this subsection may elect to:
203 1. Retain the property for the agency’s own use;
204 2. Transfer the property to another unit of state or local
205 government;
206 3. Donate the property to a charitable organization; or
207 4. Sell the property at public sale pursuant to s. 705.103.
208 Section 6. For the purpose of incorporating the amendment
209 made by this act to section 705.103, Florida Statutes, in a
210 reference thereto, paragraph (aa) of subsection (1) of section
211 327.73, Florida Statutes, is reenacted to read:
212 327.73 Noncriminal infractions.—
213 (1) Violations of the following provisions of the vessel
214 laws of this state are noncriminal infractions:
215 (aa) Section 327.4107, relating to vessels at risk of
216 becoming derelict on waters of this state, for which the civil
217 penalty is:
218 1. For a first offense, $100.
219 2. For a second offense occurring 30 days or more after a
220 first offense, $250.
221 3. For a third or subsequent offense occurring 30 days or
222 more after a previous offense, $500.
223
224 A vessel that is the subject of three or more violations issued
225 pursuant to the same paragraph of s. 327.4107(2) within an 18
226 month period which result in dispositions other than acquittal
227 or dismissal shall be declared to be a public nuisance and
228 subject to ss. 705.103(2) and (4) and 823.11(3). The commission,
229 an officer of the commission, or a law enforcement agency or
230 officer specified in s. 327.70 may relocate, remove, or cause to
231 be relocated or removed such public nuisance vessels from waters
232 of this state. The commission, an officer of the commission, or
233 a law enforcement agency or officer acting pursuant to this
234 paragraph upon waters of this state shall be held harmless for
235 all damages to the vessel resulting from such relocation or
236 removal unless the damage results from gross negligence or
237 willful misconduct as these terms are defined in s. 823.11.
238
239 Any person cited for a violation of this subsection shall be
240 deemed to be charged with a noncriminal infraction, shall be
241 cited for such an infraction, and shall be cited to appear
242 before the county court. The civil penalty for any such
243 infraction is $100, except as otherwise provided in this
244 section. Any person who fails to appear or otherwise properly
245 respond to a uniform boating citation, in addition to the charge
246 relating to the violation of the boating laws of this state,
247 must be charged with the offense of failing to respond to such
248 citation and, upon conviction, be guilty of a misdemeanor of the
249 second degree, punishable as provided in s. 775.082 or s.
250 775.083. A written warning to this effect shall be provided at
251 the time such uniform boating citation is issued.
252 Section 7. For the purpose of incorporating the amendment
253 made by this act to section 705.103, Florida Statutes, in a
254 reference thereto, subsection (1) of section 379.338, Florida
255 Statutes, is reenacted to read:
256 379.338 Confiscation and disposition of illegally taken
257 wildlife, freshwater fish, and saltwater fish.—
258 (1) All wildlife, freshwater fish, and saltwater fish
259 seized under the authority of this chapter, any other chapter,
260 or rules of the commission shall, upon conviction of the
261 offender or sooner in accordance with a court order if the court
262 so orders, be forfeited to the investigating law enforcement
263 agency. The law enforcement agency may elect to retain the
264 wildlife, freshwater fish, or saltwater fish for the agency’s
265 official use; transfer it to another unit of state or local
266 government for official use; donate it to a charitable
267 organization; sell it at a public sale pursuant to s. 705.103;
268 or destroy the wildlife, freshwater fish, or saltwater fish if
269 none of the other options is practicable or if the wildlife,
270 freshwater fish, or saltwater fish is unwholesome or otherwise
271 not of appreciable value. All illegally possessed live wildlife,
272 freshwater fish, and saltwater fish that are properly documented
273 as evidence as provided in s. 379.3381 may be returned to the
274 habitat unharmed. Any unclaimed wildlife, freshwater fish, or
275 saltwater fish shall be retained by the investigating law
276 enforcement agency and disposed of in accordance with this
277 subsection.
278 Section 8. For the purpose of incorporating the amendment
279 made by this act to section 705.103, Florida Statutes, in
280 references thereto, subsection (1) of section 705.104, Florida
281 Statutes, is reenacted to read:
282 705.104 Title to lost or abandoned property.—
283 (1) Title to lost or abandoned property is hereby vested in
284 the finder upon the expiration of the 90-day custodial time
285 period specified in s. 705.103(2)(b), provided the notice
286 requirements of s. 705.103 have been met, unless the rightful
287 owner or a lienholder claims the property within that time.
288 Section 9. For the purpose of incorporating the amendment
289 made by this act to section 705.103, Florida Statutes, in a
290 reference thereto, paragraph (a) of subsection (1) of section
291 705.105, Florida Statutes, is reenacted to read:
292 705.105 Procedure regarding unclaimed evidence.—
293 (1) Title to unclaimed evidence or unclaimed tangible
294 personal property lawfully seized pursuant to a lawful
295 investigation in the custody of the court or clerk of the court
296 from a criminal proceeding or seized as evidence by and in the
297 custody of a law enforcement agency shall vest permanently in
298 the law enforcement agency 60 days after the conclusion of the
299 proceeding.
300 (a) If the property is of appreciable value, the agency may
301 elect to:
302 1. Retain the property for the agency’s own use;
303 2. Transfer the property to another unit of state or local
304 government;
305 3. Donate the property to a charitable organization;
306 4. Sell the property at public sale, pursuant to the
307 provisions of s. 705.103.
308 Section 10. For the purpose of incorporating the amendment
309 made by this act to section 705.103, Florida Statutes, in a
310 reference thereto, subsection (8) of section 713.585, Florida
311 Statutes, is reenacted to read:
312 713.585 Enforcement of lien by sale of motor vehicle.—A
313 person claiming a lien under s. 713.58 for performing labor or
314 services on a motor vehicle may enforce such lien by sale of the
315 vehicle in accordance with the following procedures:
316 (8) A vehicle subject to lien enforcement pursuant to this
317 section must be sold by the lienor at public sale. Immediately
318 upon the sale of the vehicle and payment in cash of the purchase
319 price, the lienor shall deposit with the clerk of the circuit
320 court the proceeds of the sale less the amount claimed by the
321 lienor for work done and storage, if any, and all reasonable
322 costs and expenses incurred in conducting the sale, including
323 any attorney’s fees and costs ordered by the court.
324 Simultaneously with depositing the proceeds of sale remaining
325 after payment to the lienor, the lienor shall file with the
326 clerk a verified report of the sale stating a description of the
327 vehicle sold, including the vehicle identification number; the
328 name and address of the purchaser; the date of the sale; and the
329 selling price. The report shall also itemize the amount retained
330 by the lienor pursuant to this section and shall indicate
331 whether a hearing was demanded and held. All proceeds held by
332 the court shall be held for the benefit of the owner of the
333 vehicle or any lienholder whose lien is discharged by the sale
334 and shall be disbursed only upon order of the court. Unless a
335 proceeding is initiated to validate a claim to such proceeds
336 within 1 year and a day from the date of the sale, the proceeds
337 shall be deemed abandoned property and disposition thereof shall
338 be governed by s. 705.103. The clerk shall receive 5 percent of
339 the proceeds deposited with her or him, not to exceed $25, for
340 her or his services under this section.
341 Section 11. For the purpose of incorporating the amendment
342 made by this act to section 705.103, Florida Statutes, in a
343 reference thereto, paragraph (d) of subsection (2) of section
344 823.11, Florida Statutes, is reenacted to read:
345 823.11 Derelict vessels; relocation or removal; penalty.—
346 (2)
347 (d) Notwithstanding the additional 45 days provided in sub
348 subparagraph (b)2.b. during which an owner or a responsible
349 party may not be charged for a violation of this section, the
350 commission, an officer of the commission, a law enforcement
351 agency or officer specified in s. 327.70, or, during a state of
352 emergency declared by the Governor, the Division of Emergency
353 Management or its designee, may immediately begin the process
354 set forth in s. 705.103(2)(a) and, once that process has been
355 completed and the 45 days provided herein have passed, any
356 vessel that has not been removed or repaired such that it is no
357 longer derelict upon the waters of this state may be removed and
358 destroyed as provided therein.
359 Section 12. This act shall take effect July 1, 2024.