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.