Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/SB 218, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 2/AD/3R         .                                
             04/23/2014 03:50 PM       .                                

       Senator Diaz de la Portilla moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 335 and 336
    4  insert:
    5         Section 8. Section 341.103, Florida Statutes, is created to
    6  read:
    7         341.103 Disposal of personal property found on a public
    8  transportation system.—
    9         (1) If personal property is found on a public
   10  transportation system, the director of the system or the
   11  director’s designee shall take charge of the property and make a
   12  record of the date such property was found. If, within 90
   13  calendar days after such property is found, or for a longer
   14  period of time as may be deemed appropriate by the director or
   15  the director’s designee under the circumstances, the property is
   16  not claimed by the owner, the director or the director’s
   17  designee may:
   18         (a)Retain any or all of the property for use by the public
   19  transportation system or for use by the state or the unit of
   20  local government owning or operating the public transportation
   21  system;
   22         (b)Trade or donate such property to another unit of local
   23  government or a state agency;
   24         (c)Donate the property to a charitable organization;
   25         (d)Sell the property; or
   26         (e)Dispose of the property through an appropriate refuse
   27  removal company or a company that provides salvage services for
   28  the type of personal property found or located on the public
   29  transportation system.
   30         (2)The public transportation system shall notify the
   31  owner, if known, that the property has been found and of its
   32  intent to dispose of such property.
   33         (3)If the public transportation system elects to sell the
   34  property, it shall be sold at a public auction on the Internet
   35  or at a specified physical location. Notice of the time and
   36  place of sale must be given at least 10 calendar days before the
   37  date of sale in a publication of general circulation within the
   38  county where the public transportation system is located and
   39  after written notice, via certified mail, return receipt
   40  requested, is provided to the owner, if his or her identity and
   41  address are known. Such notice is sufficient if it refers to the
   42  public transportation system’s intention to sell all then
   43  accumulated found property. There is no requirement that the
   44  notice identify each item to be sold. The rightful owner of such
   45  property may reclaim the property at any time before sale by
   46  presenting acceptable evidence of ownership to the public
   47  transportation system director or the director’s designee. All
   48  proceeds from the sale of the property shall be retained by the
   49  public transportation system for use by the public
   50  transportation system in any lawfully authorized manner.
   51         (4)A purchaser or recipient of personal property sold or
   52  obtained in good faith under this section shall take possession
   53  of the property free of the rights of the persons previously
   54  holding any legal or equitable interest therein, whether or not
   55  recorded.
   57  ================= T I T L E  A M E N D M E N T ================
   58  And the title is amended as follows:
   59         Delete line 52
   60  and insert:
   61         funding; providing criteria; creating s. 341.103,
   62         F.S.; authorizing the director of a transportation
   63         system or his or her designee to dispose of personal
   64         property found on a public transportation system;
   65         providing procedures for disposal; amending s. 479.16,
   66         F.S.;