Florida Senate - 2017                             CS for SB 1338
       
       
        
       By the Committee on Environmental Preservation and Conservation;
       and Senator Book
       
       
       
       
       592-02750-17                                          20171338c1
    1                        A bill to be entitled                      
    2         An act relating to vessels; amending s. 253.0347,
    3         F.S.; providing an exemption from sovereignty
    4         submerged lease fees for grandfathered private
    5         residential multifamily docks; amending s. 327.02,
    6         F.S.; defining terms; revising the definition of the
    7         term “live-aboard vessel”; amending s. 327.391, F.S.;
    8         conforming a cross-reference; amending s. 327.4107,
    9         F.S.; providing that vessels without an effective
   10         means of propulsion are at risk of becoming derelict
   11         under certain conditions; authorizing the Fish and
   12         Wildlife Conservation Commission to adopt rules;
   13         amending s. 327.4108, F.S.; removing the expiration of
   14         provisions relating to anchoring of vessels in
   15         anchoring limitation areas; creating s. 327.4109,
   16         F.S.; prohibiting anchoring or mooring of vessels and
   17         floating structures in certain areas; providing
   18         exceptions and penalties; authorizing the commission
   19         to adopt rules; amending s. 327.46, F.S.; providing
   20         for boating-restricted areas to protect seagrasses on
   21         privately owned submerged lands upon application by
   22         the owner and commission approval; authorizing the
   23         commission to adopt rules; defining the term
   24         “seagrass”; amending s. 327.60, F.S.; authorizing a
   25         local government to enact and enforce certain
   26         regulations for sewage disposal by certain vessels and
   27         floating structures; requiring local governments with
   28         requirements for sewage disposal to provide adequate
   29         sewage pumpout services; requiring the commission to
   30         review such requirements and make certain
   31         determinations; authorizing the commission to adopt
   32         rules; providing applicability; authorizing local
   33         governments to remove certain abandoned or lost
   34         vessels; amending s. 327.70, F.S.; providing for
   35         issuance of uniform boating citations for anchoring or
   36         mooring where prohibited; amending s. 327.73, F.S.;
   37         providing penalties for anchoring or mooring where
   38         prohibited; amending s. 328.09, F.S.; prohibiting the
   39         issuance of certificate of title for derelict vessels;
   40         amending s. 328.72, F.S.; revising the penalties for
   41         operation, use, or storage of a vessel with an expired
   42         registration; amending s. 705.103, F.S.; providing an
   43         exception for certified mail for a derelict vessel;
   44         providing an effective date.
   45          
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. Paragraph (f) of subsection (2) of section
   49  253.0347, Florida Statutes, is amended to read:
   50         253.0347 Lease of sovereignty submerged lands for private
   51  residential docks and piers.—
   52         (2)
   53         (f) A lessee of sovereignty submerged lands for a private
   54  residential multifamily dock designed to moor boats up to the
   55  number of units within the multifamily development is not
   56  required to pay lease fees for a preempted area equal to or less
   57  than 10 times the riparian shoreline along sovereignty submerged
   58  land on the affected waterbody times the number of units with
   59  docks in the private multifamily development. Private
   60  residential multifamily docks grandfathered-in to use
   61  sovereignty submerged lands by January 1, 1998, pursuant to
   62  former rule 18-21.00405, Florida Administrative Code, as it
   63  existed in rule on March 15, 1990, may exceed the number of
   64  moored boats for the number of units within the private
   65  multifamily development as previously authorized under the
   66  grandfather program.
   67         Section 2. Present subsections (3) through (10) and present
   68  subsections (11) through (44) of section 327.02, Florida
   69  Statutes, are renumbered as subsections (4) through (11) and
   70  subsections (13) through (46), respectively, new subsections (3)
   71  and (12) are added to that section, and present subsection (19)
   72  of that section is amended, to read:
   73         327.02 Definitions.—As used in this chapter and in chapter
   74  328, unless the context clearly requires a different meaning,
   75  the term:
   76         (3)“Barge” means a flat-bottomed vessel used for the
   77  transport of goods on inland waterways which is propelled by its
   78  own power or towed by another vessel.
   79         (12)“Effective means of propulsion for safe navigation”
   80  means when a vessel, other than a barge, is equipped with:
   81         (a)A functioning motor, controls, and steering system; or
   82         (b)Rigging and sails that are present and in good working
   83  order, and a functioning steering system.
   84         (21)(19) “Live-aboard vessel” means:
   85         (a) A vessel used solely as a residence and not for
   86  navigation;
   87         (b) A vessel represented as a place of business or a
   88  professional or other commercial enterprise; or
   89         (c) A vessel for which a declaration of domicile has been
   90  filed pursuant to s. 222.17; or
   91         (c)A vessel used as a residence which does not have an
   92  effective means of propulsion for safe navigation.
   93  
   94  A commercial vessel and a barge are fishing boat is expressly
   95  excluded from the term “live-aboard vessel.”
   96         Section 3. Subsection (1) of section 327.391, Florida
   97  Statutes, is amended to read:
   98         327.391 Airboats regulated.—
   99         (1) The exhaust of every internal combustion engine used on
  100  any airboat operated on the waters of this state shall be
  101  provided with an automotive-style factory muffler, underwater
  102  exhaust, or other manufactured device capable of adequately
  103  muffling the sound of the exhaust of the engine as described in
  104  s. 327.02(29) s. 327.02(27). The use of cutouts or flex pipe as
  105  the sole source of muffling is prohibited, except as provided in
  106  subsection (4). Any person who violates this subsection commits
  107  a noncriminal infraction punishable as provided in s. 327.73(1).
  108         Section 4. Paragraph (e) is added to subsection (2) of
  109  section 327.4107, Florida Statutes, to read:
  110         327.4107 Vessels at risk of becoming derelict on waters of
  111  this state.—
  112         (2) An officer of the commission or of a law enforcement
  113  agency specified in s. 327.70 may determine that a vessel is at
  114  risk of becoming derelict if any of the following conditions
  115  exist:
  116         (e)The vessel does not have an effective means of
  117  propulsion for safe navigation within 72 hours after the owner
  118  or operator of the vessel receives written notice, which may
  119  include electronic mail or by other electronic documentation, of
  120  such from an officer, and the vessel owner or operator is unable
  121  to provide a receipt, proof of purchase, or other documentation
  122  of having ordered necessary parts for vessel repair. The
  123  commission may adopt rules to implement this paragraph.
  124         Section 5. Subsection (7) of section 327.4108, Florida
  125  Statutes, is amended to read:
  126         327.4108 Anchoring of vessels in anchoring limitation
  127  areas.—
  128         (7) This section shall remain in effect notwithstanding
  129  expires upon the Legislature’s adoption of the commission’s
  130  recommendations for the regulation of mooring vessels outside of
  131  public mooring fields pursuant to s. 327.4105.
  132         Section 6. Section 327.4109, Florida Statutes, is created
  133  to read:
  134         327.4109Anchoring or mooring prohibited; exceptions;
  135  penalties.—
  136         (1)(a)A vessel or floating structure may not anchor or
  137  moor such that the nearest approach of the anchored vessel is:
  138         1.Within 150 feet of any marina, boat ramp, boatyard, or
  139  other vessel launching or loading facility;
  140         2.Within 300 feet of a superyacht repair facility. For
  141  purposes of this subparagraph, a “superyacht repair facility”
  142  means a facility that can provide service or repair to a yacht
  143  with a load line of 79 feet or more in length; or
  144         3.Within 100 feet of a public mooring field boundary or a
  145  lesser distance if approved by the commission upon request by a
  146  local government within which the mooring field is located. The
  147  commission may adopt rules to implement this subparagraph.
  148         (b)Paragraph (a) does not apply to:
  149         1.A vessel owned or operated by a governmental entity.
  150         2.A construction or dredging vessel on an active job site.
  151         3.A vessel actively engaged in commercial fishing.
  152         4.A vessel actively engaged in recreational fishing if the
  153  persons onboard are actively tending hook and line fishing gear
  154  or nets.
  155         (2)Notwithstanding paragraph (1)(a), an owner or operator
  156  of a vessel may anchor or moor within 150 feet of any marina,
  157  boat ramp, boatyard, or other vessel launching or loading
  158  facility or within 100 feet of public mooring field boundaries
  159  if:
  160         (a)The vessel suffers a mechanical failure that poses an
  161  unreasonable risk of harm to the vessel or the persons on board
  162  such vessel. The owner or operator of the vessel may anchor or
  163  moor for 5 business days or until the vessel is repaired,
  164  whichever occurs first; or
  165         (b)Imminent or existing weather conditions in the vicinity
  166  of the vessel pose an unreasonable risk of harm to the vessel or
  167  the persons on board. The owner or operator of the vessel may
  168  anchor or moor until weather conditions no longer pose such
  169  risk. During a hurricane or tropical storm, weather conditions
  170  are deemed to no longer pose an unreasonable risk of harm when
  171  the hurricane or tropical storm warning affecting the area has
  172  expired.
  173         (3)The owner or operator of a vessel or floating structure
  174  may not anchor, moor, tie, or otherwise affix or allow the
  175  vessel or floating structure to remain anchored, moored, tied,
  176  or otherwise affixed to an unpermitted, unauthorized, or
  177  otherwise unlawful object that is on or affixed to the bottom of
  178  the waters of this state. This subsection does not apply to a
  179  private mooring owned by the owner of private submerged lands.
  180         (4)A violation of this section is a noncriminal infraction
  181  punishable as provided in s. 327.73(1)(bb).
  182         Section 7. Subsection (1) of section 327.46, Florida
  183  Statutes, is amended to read:
  184         327.46 Boating-restricted areas.—
  185         (1) Boating-restricted areas, including, but not limited
  186  to, restrictions of vessel speeds and vessel traffic, may be
  187  established on the waters of this state for any purpose
  188  necessary to protect the safety of the public if such
  189  restrictions are necessary based on boating accidents,
  190  visibility, hazardous currents or water levels, vessel traffic
  191  congestion, or other navigational hazards or to protect
  192  seagrasses on privately owned submerged lands.
  193         (a) The commission may establish boating-restricted areas
  194  by rule pursuant to chapter 120.
  195         (b) Municipalities and counties have the authority to
  196  establish the following boating-restricted areas by ordinance:
  197         1. An ordinance establishing an idle speed, no wake
  198  boating-restricted area, if the area is:
  199         a. Within 500 feet of any boat ramp, hoist, marine railway,
  200  or other launching or landing facility available for use by the
  201  general boating public on waterways more than 300 feet in width
  202  or within 300 feet of any boat ramp, hoist, marine railway, or
  203  other launching or landing facility available for use by the
  204  general boating public on waterways not exceeding 300 feet in
  205  width.
  206         b. Within 500 feet of fuel pumps or dispensers at any
  207  marine fueling facility that sells motor fuel to the general
  208  boating public on waterways more than 300 feet in width or
  209  within 300 feet of the fuel pumps or dispensers at any licensed
  210  terminal facility that sells motor fuel to the general boating
  211  public on waterways not exceeding 300 feet in width.
  212         c. Inside or within 300 feet of any lock structure.
  213         2. An ordinance establishing a slow speed, minimum wake
  214  boating-restricted area if the area is:
  215         a. Within 300 feet of any bridge fender system.
  216         b. Within 300 feet of any bridge span presenting a vertical
  217  clearance of less than 25 feet or a horizontal clearance of less
  218  than 100 feet.
  219         c. On a creek, stream, canal, or similar linear waterway if
  220  the waterway is less than 75 feet in width from shoreline to
  221  shoreline.
  222         d. On a lake or pond of less than 10 acres in total surface
  223  area.
  224         3. An ordinance establishing a vessel-exclusion zone if the
  225  area is:
  226         a. Designated as a public bathing beach or swim area.
  227         b. Within 300 feet of a dam, spillway, or flood control
  228  structure.
  229         (c) Municipalities and counties have the authority to
  230  establish by ordinance the following other boating-restricted
  231  areas:
  232         1. An ordinance establishing an idle speed, no wake
  233  boating-restricted area, if the area is within 300 feet of a
  234  confluence of water bodies presenting a blind corner, a bend in
  235  a narrow channel or fairway, or such other area if an
  236  intervening obstruction to visibility may obscure other vessels
  237  or other users of the waterway.
  238         2. An ordinance establishing a slow speed, minimum wake, or
  239  numerical speed limit boating-restricted area if the area is:
  240         a. Within 300 feet of a confluence of water bodies
  241  presenting a blind corner, a bend in a narrow channel or
  242  fairway, or such other area if an intervening obstruction to
  243  visibility may obscure other vessels or other users of the
  244  waterway.
  245         b. Subject to unsafe levels of vessel traffic congestion.
  246         c. Subject to hazardous water levels or currents, or
  247  containing other navigational hazards.
  248         d. An area that accident reports, uniform boating
  249  citations, vessel traffic studies, or other creditable data
  250  demonstrate to present a significant risk of collision or a
  251  significant threat to boating safety.
  252         3. An ordinance establishing a vessel-exclusion zone if the
  253  area is reserved exclusively:
  254         a. As a canoe trail or otherwise limited to vessels under
  255  oars or under sail.
  256         b. For a particular activity and user group separation must
  257  be imposed to protect the safety of those participating in such
  258  activity.
  259  
  260  Any of the ordinances adopted pursuant to this paragraph shall
  261  not take effect until the commission has reviewed the ordinance
  262  and determined by substantial competent evidence that the
  263  ordinance is necessary to protect public safety pursuant to this
  264  paragraph. Any application for approval of an ordinance shall be
  265  reviewed and acted upon within 90 days after receipt of a
  266  completed application. Within 30 days after a municipality or
  267  county submits an application for approval to the commission,
  268  the commission shall advise the municipality or county as to
  269  what information, if any, is needed to deem the application
  270  complete. An application shall be considered complete upon
  271  receipt of all requested information and correction of any error
  272  or omission for which the applicant was timely notified or when
  273  the time for such notification has expired. The commission’s
  274  action on the application shall be subject to review under
  275  chapter 120. The commission shall initiate rulemaking no later
  276  than January 1, 2010, to provide criteria and procedures for
  277  reviewing applications and procedures for providing for public
  278  notice and participation pursuant to this paragraph.
  279         (d)1.Owners of private submerged lands that are adjacent
  280  to Outstanding Florida Waters, as defined in s. 403.061(27), or
  281  an aquatic preserve established under ss. 258.39-258.399, may
  282  request that the commission establish boating-restricted areas
  283  for the sole purpose of protecting any seagrass and contiguous
  284  seagrass habitat within their private property boundaries from
  285  seagrass scarring due to propeller dredging. Owners making a
  286  request pursuant to this paragraph must demonstrate to the
  287  commission clear ownership of the submerged lands.
  288         2.The commission shall adopt rules to implement this
  289  paragraph, including, but not limited to, establishing an
  290  application process and criteria for meeting the requirements of
  291  subparagraph 1.
  292         3.Each approved boating-restricted area must be
  293  established by commission rule.
  294         4.For marking boating-restricted areas established
  295  pursuant to this paragraph, private property owners must apply
  296  to the commission for a uniform waterway marker permit in
  297  accordance with ss. 327.40 and 327.41.
  298         (e)As used in this section, the term “seagrass” has the
  299  same meaning as in s. 253.04.
  300         Section 8. Subsections (2) and subsection (3) of section
  301  327.60, Florida Statutes, are amended, and subsections (4) and
  302  (5) are added to that section, to read:
  303         327.60 Local regulations; limitations.—
  304         (2) Nothing in this chapter or chapter 328 shall be
  305  construed to prevent the adoption of any ordinance or local
  306  regulation relating to operation of vessels, except that a
  307  county or municipality may shall not enact, continue in effect,
  308  or enforce any ordinance or local regulation:
  309         (a) Establishing a vessel or associated equipment
  310  performance or other safety standard, imposing a requirement for
  311  associated equipment, or regulating the carrying or use of
  312  marine safety articles;
  313         (b) Relating to the design, manufacture, or installation,
  314  or use of any marine sanitation device on any vessel, except as
  315  authorized in subsection (4);
  316         (c) Regulating any vessel upon the Florida Intracoastal
  317  Waterway;
  318         (d) Discriminating against personal watercraft;
  319         (e) Discriminating against airboats, for ordinances adopted
  320  after July 1, 2006, unless adopted by a two-thirds vote of the
  321  governing body enacting such ordinance;
  322         (f) Regulating the anchoring of vessels other than live
  323  aboard vessels outside the marked boundaries of mooring fields
  324  permitted as provided in s. 327.40, except for:
  325         1.Live-aboard vessels; and
  326         2.Vessels represented as a place of business or a
  327  professional or other commercial enterprise. This does not
  328  include commercial vessels or barges;
  329         (g) Regulating engine or exhaust noise, except as provided
  330  in s. 327.65; or
  331         (h) That conflicts with any provisions of this chapter or
  332  any amendments thereto or rules adopted thereunder.
  333         (3) Nothing in this section shall be construed to prohibit
  334  local governmental authorities from the enactment or enforcement
  335  of regulations that which prohibit or restrict the mooring or
  336  anchoring of floating structures, or live-aboard vessels, or
  337  vessels represented as a place of business or a professional or
  338  other commercial enterprise, other than commercial vessels or
  339  barges, within their jurisdictions or of any vessels within the
  340  marked boundaries of mooring fields permitted as provided in s.
  341  327.40. However, local governmental authorities are prohibited
  342  from regulating the anchoring outside of such mooring fields of
  343  commercial vessels or barges and any vessels other than live
  344  aboard vessels as defined in s. 327.02.
  345         (4)(a)A local government may enact and enforce regulations
  346  requiring owners or operators of vessels or floating structures
  347  subject to the marine sanitation requirements of s. 327.53, when
  348  anchored or moored for more than 10 consecutive days within the
  349  following areas, to provide proof of proper sewage disposal by
  350  means of an approved sewage pumpout service, approved sewage
  351  pumpout facility, or approved waste reception facility:
  352         1.Marked boundaries of a permitted mooring field under the
  353  jurisdiction of the local government; or
  354         2.Designated no-discharge zones pursuant to 40 C.F.R. s.
  355  1700.10, and those provided in Volume 53, No. 13 of the Federal
  356  Register, page 1678 (1988); Volume 64, No. 164 of the Federal
  357  Register, pages 46390-46391 (1999); and Volume 67, No. 98 of the
  358  Federal Register, pages 35735-35743 (2002).
  359         (b)Before a local government may adopt an ordinance to
  360  enact and enforce such regulations, the local government must
  361  provide adequate sewage pumpout services. Any ordinance adopted
  362  pursuant to this subsection may not take effect until the
  363  commission has reviewed and approved the ordinance as being
  364  consistent with the requirements of this subsection.
  365         (c)The commission may adopt rules to implement this
  366  subsection.
  367         (d)This subsection does not prohibit a local government
  368  from enacting or enforcing sewage pumpout requirements for live
  369  aboard vessels within any areas of its jurisdiction.
  370         (5)A local government may enact and enforce regulations
  371  that allow the local government to remove a vessel affixed to a
  372  public dock within its jurisdiction which is abandoned or lost
  373  property pursuant to s. 705.103(1).
  374         Section 9. Subsection (3) of section 327.70, Florida
  375  Statutes, is amended to read:
  376         327.70 Enforcement of this chapter and chapter 328.—
  377         (3)(a) Noncriminal violations of the following statutes may
  378  be enforced by a uniform boating citation mailed to the
  379  registered owner of an unattended vessel anchored, aground, or
  380  moored on the waters of this state:
  381         1. Section 327.33(3)(b), relating to navigation rules.
  382         2. Section 327.44, relating to interference with
  383  navigation.
  384         3. Section 327.50(2), relating to required lights and
  385  shapes.
  386         4. Section 327.53, relating to marine sanitation.
  387         5. Section 328.48(5), relating to display of decal.
  388         6. Section 328.52(2), relating to display of number.
  389         7. Section 327.4107, relating to vessels at risk of
  390  becoming derelict.
  391         8.Section 327.4109, relating to prohibited anchoring or
  392  mooring.
  393         (b) Citations issued to livery vessels under this
  394  subsection shall be the responsibility of the lessee of the
  395  vessel if the livery has included a warning of this
  396  responsibility as a part of the rental agreement and has
  397  provided to the agency issuing the citation the name, address,
  398  and date of birth of the lessee when requested by that agency.
  399  The livery is not responsible for the payment of citations if
  400  the livery provides the required warning and lessee information.
  401         (c) A noncriminal violation of s. 327.4108 may be enforced
  402  by a uniform boating citation issued to the operator of a vessel
  403  unlawfully anchored in an anchoring limitation area.
  404         (d)A noncriminal violation of s. 327.4109 may be enforced
  405  by a uniform boating citation issued to an owner or operator of
  406  a vessel or floating structure unlawfully anchored, moored,
  407  tied, or otherwise affixed in a prohibited area.
  408         Section 10. Paragraph (g) of subsection (1) of section
  409  327.73, Florida Statutes, is amended, and paragraph (bb) is
  410  added to that section, to read:
  411         327.73 Noncriminal infractions.—
  412         (1) Violations of the following provisions of the vessel
  413  laws of this state are noncriminal infractions:
  414         (g) Section 328.72(13), relating to operation with an
  415  expired registration, for which the penalty is:
  416         1.For a first or subsequent offense of 328.72(13)(a), up
  417  to a maximum of $50.
  418         2.For a first offense of 328.72(13)(b), up to a maximum of
  419  $250.
  420         3.For a second or subsequent offense of 328.72(13)(b), up
  421  to a maximum of $500, and the violator may not have the
  422  provisions of paragraph (4)(a) available to him or her but must
  423  appear before the designated official at the time and location
  424  of the scheduled hearing.
  425         (bb)Section 327.4109, relating to prohibited anchoring or
  426  mooring, for which the penalty is:
  427         1.For a first offense, up to a maximum of $50.
  428         2.For a second offense, up to a maximum of $100.
  429         3.For a third or subsequent offense, up to a maximum of
  430  $250.
  431  
  432  Any person cited for a violation of any provision of this
  433  subsection shall be deemed to be charged with a noncriminal
  434  infraction, shall be cited for such an infraction, and shall be
  435  cited to appear before the county court. The civil penalty for
  436  any such infraction is $50, except as otherwise provided in this
  437  section. Any person who fails to appear or otherwise properly
  438  respond to a uniform boating citation shall, in addition to the
  439  charge relating to the violation of the boating laws of this
  440  state, be charged with the offense of failing to respond to such
  441  citation and, upon conviction, be guilty of a misdemeanor of the
  442  second degree, punishable as provided in s. 775.082 or s.
  443  775.083. A written warning to this effect shall be provided at
  444  the time such uniform boating citation is issued.
  445         Section 11. Subsection (4) is added to section 328.09,
  446  Florida Statutes, to read:
  447         328.09 Refusal to issue and authority to cancel a
  448  certificate of title or registration.—
  449         (4)The department may not issue a certificate of title to
  450  any applicant for any vessel that has been deemed derelict by a
  451  law enforcement officer under s. 823.11. A law enforcement
  452  officer must inform the department in writing, which may include
  453  facsimile, electronic mail, or other electronic documentation,
  454  of the vessel’s derelict status and must supply the vessel title
  455  number or vessel identification number. The department may issue
  456  a certificate of title once a law enforcement officer has
  457  verified in writing, which may include facsimile, electronic
  458  mail, or other electronic documentation, that the vessel is no
  459  longer a derelict vessel.
  460         Section 12. Subsection (13) of section 328.72, Florida
  461  Statutes, is amended to read:
  462         328.72 Classification; registration; fees and charges;
  463  surcharge; disposition of fees; fines; marine turtle stickers.—
  464         (13) EXPIRED REGISTRATION.—The operation, use, or storage
  465  on the waters of this state of a previously registered vessel is
  466  subject to the following penalties:
  467         (a)The owner or operator of a vessel with an expired
  468  registration of 6 months or less commits a noncriminal
  469  infraction, punishable as provided in s. 327.73(1)(g)1.
  470         (b)The owner or operator of a vessel with an expired
  471  registration of more than 6 months commits a noncriminal
  472  infraction, punishable as provided in s. 327.73(1)(g)2. and 3
  473  after the expiration of the registration period is a noncriminal
  474  violation, as defined in s. 327.73. This subsection does not
  475  apply to vessels lawfully stored at a dock or in a marina.
  476         Section 13. Subsection (2) of section 705.103, Florida
  477  Statutes, is amended to read:
  478         705.103 Procedure for abandoned or lost property.—
  479         (2) Whenever a law enforcement officer ascertains that an
  480  article of lost or abandoned property is present on public
  481  property and is of such nature that it cannot be easily removed,
  482  the officer shall cause a notice to be placed upon such article
  483  in substantially the following form:
  484  
  485  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
  486  PROPERTY. This property, to wit: ...(setting forth brief
  487  description)... is unlawfully upon public property known as
  488  ...(setting forth brief description of location)... and must be
  489  removed within 5 days; otherwise, it will be removed and
  490  disposed of pursuant to chapter 705, Florida Statutes. The owner
  491  will be liable for the costs of removal, storage, and
  492  publication of notice. Dated this: ...(setting forth the date of
  493  posting of notice)..., signed: ...(setting forth name, title,
  494  address, and telephone number of law enforcement officer)....
  495  
  496  Such notice shall be not less than 8 inches by 10 inches and
  497  shall be sufficiently weatherproof to withstand normal exposure
  498  to the elements. In addition to posting, the law enforcement
  499  officer shall make a reasonable effort to ascertain the name and
  500  address of the owner. If such is reasonably available to the
  501  officer, she or he shall mail a copy of such notice to the owner
  502  on or before the date of posting. If the property is a motor
  503  vehicle as defined in s. 320.01(1) or a vessel as defined in s.
  504  327.02, the law enforcement agency shall contact the Department
  505  of Highway Safety and Motor Vehicles in order to determine the
  506  name and address of the owner and any person who has filed a
  507  lien on the vehicle or vessel as provided in s. 319.27(2) or (3)
  508  or s. 328.15(1). On receipt of this information, the law
  509  enforcement agency shall mail a copy of the notice by certified
  510  mail, return receipt requested, to the owner and to the
  511  lienholder, if any, except that when a law enforcement officer
  512  has given the owner of a derelict vessel notice of a violation
  513  of s. 823.11 and issued a citation for the violation, the
  514  officer is not required to send notice by certified mail to the
  515  owner. If, at the end of 5 days after posting the notice and
  516  mailing such notice, if required, the owner or any person
  517  interested in the lost or abandoned article or articles
  518  described has not removed the article or articles from public
  519  property or shown reasonable cause for failure to do so, the
  520  following shall apply:
  521         (a) For abandoned property, the law enforcement agency may
  522  retain any or all of the property for its own use or for use by
  523  the state or unit of local government, trade such property to
  524  another unit of local government or state agency, donate the
  525  property to a charitable organization, sell the property, or
  526  notify the appropriate refuse removal service.
  527         (b) For lost property, the officer shall take custody and
  528  the agency shall retain custody of the property for 90 days. The
  529  agency shall publish notice of the intended disposition of the
  530  property, as provided in this section, during the first 45 days
  531  of this time period.
  532         1. If the agency elects to retain the property for use by
  533  the unit of government, donate the property to a charitable
  534  organization, surrender such property to the finder, sell the
  535  property, or trade the property to another unit of local
  536  government or state agency, notice of such election shall be
  537  given by an advertisement published once a week for 2
  538  consecutive weeks in a newspaper of general circulation in the
  539  county where the property was found if the value of the property
  540  is more than $100. If the value of the property is $100 or less,
  541  notice shall be given by posting a description of the property
  542  at the law enforcement agency where the property was turned in.
  543  The notice must be posted for not less than 2 consecutive weeks
  544  in a public place designated by the law enforcement agency. The
  545  notice must describe the property in a manner reasonably
  546  adequate to permit the rightful owner of the property to claim
  547  it.
  548         2. If the agency elects to sell the property, it must do so
  549  at public sale by competitive bidding. Notice of the time and
  550  place of the sale shall be given by an advertisement of the sale
  551  published once a week for 2 consecutive weeks in a newspaper of
  552  general circulation in the county where the sale is to be held.
  553  The notice shall include a statement that the sale shall be
  554  subject to any and all liens. The sale must be held at the
  555  nearest suitable place to that where the lost or abandoned
  556  property is held or stored. The advertisement must include a
  557  description of the goods and the time and place of the sale. The
  558  sale may take place no earlier than 10 days after the final
  559  publication. If there is no newspaper of general circulation in
  560  the county where the sale is to be held, the advertisement shall
  561  be posted at the door of the courthouse and at three other
  562  public places in the county at least 10 days prior to sale.
  563  Notice of the agency’s intended disposition shall describe the
  564  property in a manner reasonably adequate to permit the rightful
  565  owner of the property to identify it.
  566         Section 14. This act shall take effect July 1, 2017.