ENROLLED
       2019 Legislature                                          SB 180
       
       
       
       
       
       
                                                              2019180er
    1  
    2         An act relating to lost or abandoned personal
    3         property; amending s. 705.17, F.S.; providing that
    4         certain provisions relating to lost or abandoned
    5         property do not apply to personal property lost or
    6         abandoned on the premises of certain complexes or
    7         facilities if certain conditions are met; creating s.
    8         705.185, F.S.; providing for the disposal or donation
    9         of personal property lost or abandoned on the premises
   10         of certain complexes or facilities, in certain
   11         circumstances; authorizing the rightful owner of such
   12         lost or abandoned personal property to reclaim such
   13         property before its disposal or donation; requiring a
   14         charitable institution to make a reasonable effort to
   15         delete certain information from an electronic device
   16         in certain circumstances; providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 705.17, Florida Statutes, is amended to
   21  read:
   22         705.17 Exceptions.—
   23         (1)Sections The provisions of ss. 705.101-705.106 do not
   24  apply of this chapter shall not be applied to any personal
   25  property lost or abandoned on the campus of any institution in
   26  the State University System or on premises owned or controlled
   27  by the operator of a public-use airport having regularly
   28  scheduled international passenger service.
   29         (2)Sections 705.1015-705.106 do not apply to any personal
   30  property lost or abandoned on premises located within a theme
   31  park or entertainment complex, as defined in s. 509.013(9), or
   32  operated as a zoo, a museum, or an aquarium, or on the premises
   33  of a public food service establishment or a public lodging
   34  establishment licensed under part I of chapter 509, if the owner
   35  or operator of such premises elects to comply with s. 705.185.
   36         Section 2. Section 705.185, Florida Statutes, is created to
   37  read:
   38         705.185Disposal of personal property lost or abandoned on
   39  the premises of certain facilities.—When any lost or abandoned
   40  personal property is found on premises located within a theme
   41  park or entertainment complex, as defined in s. 509.013(9), or
   42  operated as a zoo, a museum, or an aquarium, or on the premises
   43  of a public food service establishment or a public lodging
   44  establishment licensed under part I of chapter 509, if the owner
   45  or operator of such premises elects to comply with this section,
   46  any lost or abandoned property must be delivered to such owner
   47  or operator, who must take charge of the property and make a
   48  record of the date such property was found. If the property is
   49  not claimed by its owner within 30 days after it is found, or a
   50  longer period of time as may be deemed appropriate by the owner
   51  or operator of the premises, the owner or operator of the
   52  premises may not sell and must dispose of the property or donate
   53  it to a charitable institution that is exempt from federal
   54  income tax under s. 501(c)(3) of the Internal Revenue Code for
   55  sale or other disposal as the charitable institution deems
   56  appropriate. The rightful owner of the property may reclaim the
   57  property from the owner or operator of the premises at any time
   58  before the disposal or donation of the property in accordance
   59  with this section and the established policies and procedures of
   60  the owner or operator of the premises. A charitable institution
   61  that accepts an electronic device, as defined in s. 815.03(9),
   62  access to which is not secured by a password or other personal
   63  identification technology, shall make a reasonable effort to
   64  delete all personal data from the electronic device before its
   65  sale or disposal.
   66         Section 3. This act shall take effect July 1, 2019.