HB 487 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to lost and abandoned propert y; 2
amending s. 705.103, F.S.; revising the timeframes 3
within which law enforcement officers must provide 4
certain notices to owners of certain abandoned or lost 5
properties; providing an effective date. 6
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Be It Enacted by the Legislature of the State of Florida: 8
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Section 1. Paragraph (a) of subsection (2) of section 10
705.103, Florida Statutes, is amended to read: 11
705.103 Procedure for abandoned or lost property. — 12
(2)(a)1. Whenever a law enforcement officer ascertains 13
that: 14
a. An article of lost or abandoned property other than a 15
derelict vessel or a vessel declared a public nuisance pursuant 16
to s. 327.73(1)(aa) is present on public property and is of such 17
nature that it cannot be easily removed, the officer shall cause 18
a notice to be placed upon such article in substantially the 19
following form: 20
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NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE AT TACHED 22
PROPERTY. This property, to wit: ...(setting forth brief 23
description)... is unlawfully upon public property known as 24
...(setting forth brief description of location)... and must be 25
HB 487 2024
CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
removed within 5 days; otherwise, it will be removed and 26
disposed of pursuant to chapter 705, Florida Statutes. The owner 27
will be liable for the costs of removal, storage, and 28
publication of notice. Dated this: ...(setting forth the date of 29
posting of notice)..., signed: ...(setting forth name, title, 30
address, and telephon e number of law enforcement officer).... 31
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b. A derelict vessel or a vessel declared a public 33
nuisance pursuant to s. 327.73(1)(aa) is present on the waters 34
of this state, the officer shall cause a notice to be placed 35
upon such vessel in substantially the following form: 36
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NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 38
VESSEL. This vessel, to wit: ...(setting forth brief description 39
of location)... has been determined to be ...(derelict or a 40
public nuisance)... and is unlawfully upon the wat ers of this 41
state ...(setting forth brief description of location)... and 42
must be removed within 21 days; otherwise, it will be removed 43
and disposed of pursuant to chapter 705, Florida Statutes. The 44
owner and other interested parties have the right to a he aring 45
to challenge the determination that this vessel is derelict or 46
otherwise in violation of the law. Please contact ...(contact 47
information for person who can arrange for a hearing in 48
accordance with this section).... The owner or the party 49
determined to be legally responsible for the vessel being upon 50
HB 487 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the waters of this state in a derelict condition or as a public 51
nuisance will be liable for the costs of removal, destruction, 52
and disposal if this vessel is not removed by the owner. Dated 53
this: ...(setting forth the date of posting of notice)..., 54
signed: ...(setting forth name, title, address, and telephone 55
number of law enforcement officer).... 56
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2. The notices required under subparagraph 1. may not be 58
less than 8 inches by 10 inches and must be suffici ently 59
weatherproof to withstand normal exposure to the elements. In 60
addition to posting, the law enforcement officer shall make a 61
reasonable effort to ascertain the name and address of the 62
owner. If such is reasonably available to the officer, she or he 63
shall mail a copy of such notice to the owner on or before the 64
date of posting or as soon thereafter as is practical . If the 65
property is a motor vehicle as defined in s. 320.01(1) or a 66
vessel as defined in s. 327.02, the law enforcement agency shall 67
contact the Department of Highway Safety and Motor Vehicles in 68
order to determine the name and address of the owner and any 69
person who has filed a lien on the vehicle or vessel as provided 70
in s. 319.27(2) or (3) or s. 328.15. On receipt of this 71
information, the law enforcement agency shall mail a copy of the 72
notice by certified mail, return receipt requested, to the owner 73
and to the lienholder, if any, except that a law enforcement 74
officer who has issued a citation for a violation of s. 823.11 75
HB 487 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to the owner of a der elict vessel is not required to mail a copy 76
of the notice by certified mail, return receipt requested, to 77
the owner. For a derelict vessel or a vessel declared a public 78
nuisance pursuant to s. 327.73(1)(aa), the mailed notice must 79
inform the owner or respo nsible party that he or she has a right 80
to a hearing to dispute the determination that the vessel is 81
derelict or otherwise in violation of the law. If a request for 82
a hearing is made, a state agency shall follow the processes as 83
set forth in s. 120.569. Lo cal governmental entities shall 84
follow the processes set forth in s. 120.569, except that a 85
local judge, magistrate, or code enforcement officer may be 86
designated to conduct such a hearing. If, at the end of 5 days 87
after posting the notice in sub -subparagraph 1.a., or at the end 88
of 21 days after posting the notice in sub -subparagraph 1.b., 89
and mailing such notice, if required, the owner or any person 90
interested in the lost or abandoned article or articles 91
described has not removed the article or articles fr om public 92
property or shown reasonable cause for failure to do so, and, in 93
the case of a derelict vessel or a vessel declared a public 94
nuisance pursuant to s. 327.73(1)(aa), has not requested a 95
hearing in accordance with this section, the following shall 96
apply: 97
a. For abandoned property other than a derelict vessel or 98
a vessel declared a public nuisance pursuant to s. 99
327.73(1)(aa), the law enforcement agency may retain any or all 100
HB 487 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of the property for its own use or for use by the state or unit 101
of local government, trade such property to another unit of 102
local government or state agency, donate the property to a 103
charitable organization, sell the property, or notify the 104
appropriate refuse removal service. 105
b. For a derelict vessel or a vessel decl ared a public 106
nuisance pursuant to s. 327.73(1)(aa), the law enforcement 107
agency or its designee may: 108
(I) Remove the vessel from the waters of this state and 109
destroy and dispose of the vessel or authorize another 110
governmental entity or its designee to do so; or 111
(II) Authorize the vessel's use as an artificial reef in 112
accordance with s. 379.249 if all necessary federal, state, and 113
local authorizations are received. 114
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A law enforcement agency or its designee may also take action as 116
described in this sub -subparagraph if, following a hearing 117
pursuant to this section, the judge, magistrate, administrative 118
law judge, or hearing officer has determined the vessel to be 119
derelict as provided in s. 823.11 or otherwise in violation of 120
the law in accordance with s. 327 .73(1)(aa) and a final order 121
has been entered or the case is otherwise closed. 122
Section 2. This act shall take effect July 1, 2024. 123