HomeMy WebLinkAboutSubmittal-Emily Smith-Section 705-103 Florida Statute7/22/2019
Statutes & Constitution Mew Statutes : Online Sunshine
Submitted into the public
record for i em s)
on Z City Clerk
Select Year: 2018
The 2o18 Florida Statutes
Title XL Chapter 705 View Entire Chapter
REAL AND PERSONAL PROPERTY LOST OR ABANDONED PROPERTY
705.103 Procedure for abandoned or lost property.—
(1) Whenever a law enforcement officer ascertains that an article of `lost or abandoned property is present on
public property and is of such nature that it can be easily removed, the officer shall take such article into custody
and shall make a reasonable attempt to ascertain the rightful owner or lienholder pursuant to the provisions of this
section.
(2) Whenever a law enforcement officer ascertains that an article of lost or abandoned property is present on
public property and is of such nature that it cannot be easily removed, the officer shall cause a notice to be placed
upon such article'in substantially the following form:
Such notice shall be not less than 8 inches by 10 inches and shall be sufficiently weatherproof to withstand normal
exposure to the elements. In addition to posting, the law enforcement officer shall make a reasonable effort to
ascertain the name and address of the owner. If such is reasonably available to the officer, she or he shall mail a
copy of such notice to the owner on or before the date of posting.
and any person who
has filed a lien on the vehicle or vessel as provided in s. 319.27(2) or (3) or s. 328.15(1). On receipt of this
information, by certified mail, return receipt
requested, to the owner and to the lienholder, if any, except that a law enforcement officer who has issued a
citation fora lby
certified mail, return receipt requested, to the owner. If, at the end of4jMfter posting the notice and mailing
such notice, if required, the owner or any person interested in the lost or abandoned article or articles described
has not removed the article or articles from public property or shown reasonable cause for failure to do so, the
following shall apply:
(a) For abandoned property, the law enforcement agency may retain any or all of the property for its own use
or for use by the state or unit of local government, trade such property to another unit of local government or
state agency, donate the property to a charitable organization, sell the property, or notify the appropriate refuse
removal service.
(b) For lost property, the officer shall take custody and the agency shall retain custody of the property for 90
days. The agency shall publish notice of the intended disposition of the property, as provided in this section, during
the first 45 days of this time period.
1. If the agency elects to retain the property for use by the unit of government, donate the property to a
charitable organization, surrender such property to the finder, sell the property, or trade the property to another
unit of local government or state agency, notice of such election shall be given by an advertisement published once
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a week for 2 consecutive weeks in a newspaper of general circulation in the county v6Tfib was foGtiti� Clerk
if the value of the property is more than $100. If the value of the property is $100 or less, notice shall be given by
posting a description of the property at the law enforcement agency where the property was turned in. The notice
must be posted for 'not less than 2 consecutive weeks in a public place designated by the law enforcement agency.
The notice must describe the property in a manner reasonably adequate to permit the rightful owner of the
property to claim it.
2. if the agency elects to sell the property, it must do so at public sale by contittive bpi. Notice of the
time and place of the sale shall be given by an advertisement of the sale published once a week for 2 consecutive
weeks in a newspaper of general circulation in the county where the sale is to be held. The notice shall include a
statement that the sale shall be subject to any and all liens. The sale must be held at the nearest suitable place to
that where the lost or abandoned property is held or stored. The advertisement must include a description of the
goods and the time and place of the sale. The sale may take place no earlier than 10 days after the final
publication. If there is no newspaper of general circulation in the county where the sale is to be held, the
advertisement shall be posted at the door of the courthouse and at three other public places in the county at least
10 days prior to sale. Notice of the agency's intended disposition shall describe the property in a manner
reasonably adequate to permit the rightful owner of the property to identify it.
(3) If the property is sold at public sale pursuant to subparagraph (2)(b)2., the agency shall deduct from the
proceeds the costs of transportation, storage, and publication of notice, and any balance of proceeds shall be
deposited into an interest-bearing account not later than 30 days after the date of the sale and held there for 1
year. The agency shall provide a bill of sale clearly stating that the sale is subject to any and all liens. The rightful
owner of the property may claim the balance of the proceeds within 1 year from the date of the above stated
deposit by making application to the agency. If no rightful owner comes forward with a claim to the property
within the designated year, the balance of the proceeds shall be deposited into the State School Fund.
(4) The owner of any abandoned or lost property who, after notice as provided in this section, does not remove
such property within the specified period shall be liabte;to the law enfbrwent agcy for all Q*s of removal,
storage, and destruction of such property, Less any salvage value obtained by disposal of the property. Upon final
disposition of the property, the law enforcement officer shall notify the owner, if known, of the amount owed. In
the case of an abandoned vessel or motor vehicle, any person who neglects or refuses to pay such a nount is ttot
entitled to be issued a certificate of registration for such vessel or motor vehicle, or any other vessel or motor
vehicle, until such costs have bt4m paid, The law enforcement officer shall supply the Department of Highway
Safety and Motor Vehicles with a list of persons whose vessel registration privileges or whose motor vehicle
privileges have been revoked under this subsection. Neither the department nor any other person acting as agent
thereof shall issue a certificate of registration to a person whose vessel or motor vehicle registration privileges
have been revoked, as pr'av&W by this sLib5etV& r, until such costs have been paid.
(5) Whoever opposes, obstructs, or resists any law enforcement officer or any person authorized by the law
enforcement officer in the discharge of her or his duties as provided in this section upon conviction is guilty of a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(6) Any law enforcement officer or any person authorized by the law enforcement officer is immune from
prosecution, civil or criminal, for reasonable, good faith trespass upon real property while in the discharge of
duties imposed by this section.
(7) The rightful owner shall be liable for the law enforcement agency's costs for transportation and storage of
lost or abandoned property and the agency's cost for publication of notice of disposition of lost property. If the
rightful owner does not pay such costs within 30 days of making claim to the property, title to the property shall
vest in the law enforcement agency.
History.—s. 3, ch. 87-82; s. 1, ch. 90-307; s. 12, ch. 94-241; s. 471, ch. 94-356; s. 1, ch. 97-51; s. 791, ch. 97-102; s. 29, ch. 2000-197;
s. 10, ch. 2006-309; s. 15, ch. 2017-163.
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