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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
1
An act relating to lost and abandoned property; 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; reenacting ss. 327.4107(7)(a), 6
327.4108(6)(d), 327.60(5), 327.66(2)(a), 7
327.73(1)(aa), 379.338(1), 705.104(1), 705.105(1)(a), 8
713.585(8), and 823.11(2)(d), F.S., relating to a 9
program to remove, relocate, or destroy vessels at 10
risk of becoming derelict on waters of this state, the 11
anchoring of vessels with more than three violations 12
within a 12-month period in anchoring limitation 13
areas, local regulations for procedures to remove 14
abandoned or lost vessels affixed to a public dock or 15
mooring, the removal of specified gasoline and 16
gasoline containers on vessels and the removal of such 17
vessels by a law enforcement agency, civil penalties 18
for violations of specified laws relating to certain 19
vessels, confiscation and disposition of illegally 20
taken wildlife, freshwater fish, and saltwater fish, 21
title to lost or abandoned property, the procedure 22
regarding certain unclaimed evidence, the proceeds and 23
disposition from the sale of certain motor vehicles , 24
and the removal and destruction of specified derelict 25
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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
vessels, respectively, to incorporate the amendment 26
made to s. 705.103, F.S., in references thereto; 27
providing an effective date. 28
29
Be It Enacted by the Legislature of the State of Florida: 30
31
Section 1. Paragraph (a) of subsection (2) of section 32
705.103, Florida Statutes, is amended to read: 33
705.103 Procedure for abandoned or lost property. — 34
(2)(a)1. Whenever a law enforcement officer ascertains 35
that: 36
a. An article of lost or abandoned prop erty other than a 37
derelict vessel or a vessel declared a public nuisance pursuant 38
to s. 327.73(1)(aa) is present on public property and is of such 39
nature that it cannot be easily removed, the officer shall cause 40
a notice to be placed upon such article in s ubstantially the 41
following form: 42
43
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 44
PROPERTY. This property, to wit: ...(setting forth brief 45
description)... is unlawfully upon public property known as 46
...(setting forth brief description of loc ation)... and must be 47
removed within 5 days; otherwise, it will be removed and 48
disposed of pursuant to chapter 705, Florida Statutes. The owner 49
will be liable for the costs of removal, storage, and 50
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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
publication of notice. Dated this: ...(setting forth the d ate of 51
posting of notice)..., signed: ...(setting forth name, title, 52
address, and telephone number of law enforcement officer).... 53
54
b. A derelict vessel or a vessel declared a public 55
nuisance pursuant to s. 327.73(1)(aa) is present on the waters 56
of this state, the officer shall cause a notice to be placed 57
upon such vessel in substantially the following form: 58
59
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 60
VESSEL. This vessel, to wit: ...(setting forth brief description 61
of location)... has been determined to be ...(derelict or a 62
public nuisance)... and is unlawfully upon the waters of this 63
state ...(setting forth brief description of location)... and 64
must be removed within 21 days; otherwise, it will be removed 65
and disposed of pursuant to ch apter 705, Florida Statutes. The 66
owner and other interested parties have the right to a hearing 67
to challenge the determination that this vessel is derelict or 68
otherwise in violation of the law. Please contact ...(contact 69
information for person who can arra nge for a hearing in 70
accordance with this section).... The owner or the party 71
determined to be legally responsible for the vessel being upon 72
the waters of this state in a derelict condition or as a public 73
nuisance will be liable for the costs of removal, d estruction, 74
and disposal if this vessel is not removed by the owner. Dated 75
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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
this: ...(setting forth the date of posting of notice)..., 76
signed: ...(setting forth name, title, address, and telephone 77
number of law enforcement officer).... 78
79
2. The notices required under subparagraph 1. may not be 80
less than 8 inches by 10 inches and must be sufficiently 81
weatherproof to withstand normal exposure to the elements. In 82
addition to posting, the law enforcement officer shall make a 83
reasonable effort to ascertain the n ame and address of the 84
owner. If such is reasonably available to the officer, she or he 85
shall mail a copy of such notice to the owner on or before the 86
date of posting or as soon thereafter as is practical . If the 87
property is a motor vehicle as defined in s . 320.01(1) or a 88
vessel as defined in s. 327.02, the law enforcement agency shall 89
contact the Department of Highway Safety and Motor Vehicles in 90
order to determine the name and address of the owner and any 91
person who has filed a lien on the vehicle or vess el as provided 92
in s. 319.27(2) or (3) or s. 328.15. On receipt of this 93
information, the law enforcement agency shall mail a copy of the 94
notice by certified mail, return receipt requested, to the owner 95
and to the lienholder, if any, except that a law enforc ement 96
officer who has issued a citation for a violation of s. 823.11 97
to the owner of a derelict vessel is not required to mail a copy 98
of the notice by certified mail, return receipt requested, to 99
the owner. For a derelict vessel or a vessel declared a publ ic 100
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nuisance pursuant to s. 327.73(1)(aa), the mailed notice must 101
inform the owner or responsible party that he or she has a right 102
to a hearing to dispute the determination that the vessel is 103
derelict or otherwise in violation of the law. If a request for 104
a hearing is made, a state agency shall follow the processes as 105
set forth in s. 120.569. Local governmental entities shall 106
follow the processes set forth in s. 120.569, except that a 107
local judge, magistrate, or code enforcement officer may be 108
designated to conduct such a hearing. If, at the end of 5 days 109
after posting the notice in sub -subparagraph 1.a., or at the end 110
of 21 days after posting the notice in sub -subparagraph 1.b., 111
and mailing such notice, if required, the owner or any person 112
interested in the lost or abandoned article or articles 113
described has not removed the article or articles from public 114
property or shown reasonable cause for failure to do so, and, in 115
the case of a derelict vessel or a vessel declared a public 116
nuisance pursuant to s. 327.73( 1)(aa), has not requested a 117
hearing in accordance with this section, the following shall 118
apply: 119
a. For abandoned property other than a derelict vessel or 120
a vessel declared a public nuisance pursuant to s. 121
327.73(1)(aa), the law enforcement agency may ret ain any or all 122
of the property for its own use or for use by the state or unit 123
of local government, trade such property to another unit of 124
local government or state agency, donate the property to a 125
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charitable organization, sell the property, or notify the 126
appropriate refuse removal service. 127
b. For a derelict vessel or a vessel declared a public 128
nuisance pursuant to s. 327.73(1)(aa), the law enforcement 129
agency or its designee may: 130
(I) Remove the vessel from the waters of this state and 131
destroy and dispose of the vessel or authorize another 132
governmental entity or its designee to do so; or 133
(II) Authorize the vessel's use as an artificial reef in 134
accordance with s. 379.249 if all necessary federal, state, and 135
local authorizations are rece ived. 136
137
A law enforcement agency or its designee may also take action as 138
described in this sub -subparagraph if, following a hearing 139
pursuant to this section, the judge, magistrate, administrative 140
law judge, or hearing officer has determined the vessel to be 141
derelict as provided in s. 823.11 or otherwise in violation of 142
the law in accordance with s. 327.73(1)(aa) and a final order 143
has been entered or the case is otherwise closed. 144
Section 2. For the purpose of incorporating the amendment 145
made by this act to section 705.103, Florida Statutes, in a 146
reference thereto, paragraph (a) of subsection (7) of section 147
327.4107, Florida Statutes, is reenacted to read: 148
327.4107 Vessels at risk of becoming derelict on waters of 149
this state.— 150
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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
(7) The commission may est ablish a derelict vessel 151
prevention program to address vessels at risk of becoming 152
derelict. Such program may, but is not required to, include: 153
(a) Removal, relocation, and destruction of vessels 154
declared a public nuisance, derelict or at risk of becomin g 155
derelict, or lost or abandoned in accordance with s. 327.53(7), 156
s. 327.73(1)(aa), s. 705.103(2) and (4), or s. 823.11(3). 157
158
The commission may adopt rules to implement this subsection. 159
Implementation of the derelict vessel prevention program shall 160
be subject to appropriation by the Legislature and shall be 161
funded by the Marine Resources Conservation Trust Fund or the 162
Florida Coastal Protection Trust Fund. 163
Section 3. For the purpose of incorporating the amendment 164
made by this act to section 705.103, Flo rida Statutes, in a 165
reference thereto, paragraph (d) of subsection (6) of section 166
327.4108, Florida Statutes, is reenacted to read: 167
327.4108 Anchoring of vessels in anchoring limitation 168
areas.— 169
(6) 170
(d) A vessel that is the subject of more than three 171
violations within 12 months which result in dispositions other 172
than acquittal or dismissal shall be declared to be a public 173
nuisance and subject to s. 705.103 or, for a derelict vessel, 174
subject to s. 823.11. 175
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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
Section 4. For the purpose of incorporating t he amendment 176
made by this act to section 705.103, Florida Statutes, in a 177
reference thereto, subsection (5) of section 327.60, Florida 178
Statutes, is reenacted to read: 179
327.60 Local regulations; limitations. — 180
(5) A local government may enact and enforce r egulations 181
to implement the procedures for abandoned or lost property that 182
allow the local law enforcement agency to remove a vessel 183
affixed to a public dock or mooring within its jurisdiction that 184
is abandoned or lost property pursuant to s. 705.103(1). S uch 185
regulation must require the local law enforcement agency to post 186
a written notice at least 24 hours before removing the vessel. 187
Section 5. For the purpose of incorporating the amendment 188
made by this act to section 705.103, Florida Statutes, in a 189
reference thereto, paragraph (a) of subsection (2) of section 190
327.66, Florida Statutes, is reenacted to read: 191
327.66 Carriage of gasoline on vessels. — 192
(2)(a) Gasoline possessed or transported in violation of 193
this section and all containers holding such g asoline are 194
declared to be a public nuisance. A law enforcement agency 195
discovering gasoline possessed or transported in violation of 196
paragraph (1)(a) shall abate the nuisance by removing the 197
gasoline and containers from the vessel and from the waters of 198
this state. A law enforcement agency that removes gasoline or 199
containers pursuant to this subsection may elect to: 200
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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
1. Retain the property for the agency's own use; 201
2. Transfer the property to another unit of state or local 202
government; 203
3. Donate the property to a charitable organization; or 204
4. Sell the property at public sale pursuant to s. 205
705.103. 206
Section 6. For the purpose of incorporating the amendment 207
made by this act to section 705.103, Florida Statutes, in a 208
reference thereto, paragraph (aa) of subsection (1) of section 209
327.73, Florida Statutes, is reenacted to read: 210
327.73 Noncriminal infractions. — 211
(1) Violations of the following provisions of the vessel 212
laws of this state are noncriminal infractions: 213
(aa) Section 327.4107, relating to vessels at risk of 214
becoming derelict on waters of this state, for which the civil 215
penalty is: 216
1. For a first offense, $100. 217
2. For a second offense occurring 30 days or more after a 218
first offense, $250. 219
3. For a third or subsequent offense occurring 30 days or 220
more after a previous offense, $500. 221
222
A vessel that is the subject of three or more violations issued 223
pursuant to the same paragraph of s. 327.4107(2) within an 18 -224
month period which result in disp ositions other than acquittal 225
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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
or dismissal shall be declared to be a public nuisance and 226
subject to ss. 705.103(2) and (4) and 823.11(3). The commission, 227
an officer of the commission, or a law enforcement agency or 228
officer specified in s. 327.70 may reloca te, remove, or cause to 229
be relocated or removed such public nuisance vessels from waters 230
of this state. The commission, an officer of the commission, or 231
a law enforcement agency or officer acting pursuant to this 232
paragraph upon waters of this state shall b e held harmless for 233
all damages to the vessel resulting from such relocation or 234
removal unless the damage results from gross negligence or 235
willful misconduct as these terms are defined in s. 823.11. 236
237
Any person cited for a violation of this subsection shal l be 238
deemed to be charged with a noncriminal infraction, shall be 239
cited for such an infraction, and shall be cited to appear 240
before the county court. The civil penalty for any such 241
infraction is $100, except as otherwise provided in this 242
section. Any person who fails to appear or otherwise properly 243
respond to a uniform boating citation, in addition to the charge 244
relating to the violation of the boating laws of this state, 245
must be charged with the offense of failing to respond to such 246
citation and, upon conv iction, be guilty of a misdemeanor of the 247
second degree, punishable as provided in s. 775.082 or s. 248
775.083. A written warning to this effect shall be provided at 249
the time such uniform boating citation is issued. 250
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Section 7. For the purpose of incorpora ting the amendment 251
made by this act to section 705.103, Florida Statutes, in a 252
reference thereto, subsection (1) of section 379.338, Florida 253
Statutes, is reenacted to read: 254
379.338 Confiscation and disposition of illegally taken 255
wildlife, freshwater fish , and saltwater fish. — 256
(1) All wildlife, freshwater fish, and saltwater fish 257
seized under the authority of this chapter, any other chapter, 258
or rules of the commission shall, upon conviction of the 259
offender or sooner in accordance with a court order if th e court 260
so orders, be forfeited to the investigating law enforcement 261
agency. The law enforcement agency may elect to retain the 262
wildlife, freshwater fish, or saltwater fish for the agency's 263
official use; transfer it to another unit of state or local 264
government for official use; donate it to a charitable 265
organization; sell it at a public sale pursuant to s. 705.103; 266
or destroy the wildlife, freshwater fish, or saltwater fish if 267
none of the other options is practicable or if the wildlife, 268
freshwater fish, or saltwater fish is unwholesome or otherwise 269
not of appreciable value. All illegally possessed live wildlife, 270
freshwater fish, and saltwater fish that are properly documented 271
as evidence as provided in s. 379.3381 may be returned to the 272
habitat unharmed. Any unclaimed wildlife, freshwater fish, or 273
saltwater fish shall be retained by the investigating law 274
enforcement agency and disposed of in accordance with this 275
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subsection. 276
Section 8. For the purpose of incorporating the amendment 277
made by this act to sect ion 705.103, Florida Statutes, in 278
references thereto, subsection (1) of section 705.104, Florida 279
Statutes, is reenacted to read: 280
705.104 Title to lost or abandoned property. — 281
(1) Title to lost or abandoned property is hereby vested 282
in the finder upon t he expiration of the 90 -day custodial time 283
period specified in s. 705.103(2)(b), provided the notice 284
requirements of s. 705.103 have been met, unless the rightful 285
owner or a lienholder claims the property within that time. 286
Section 9. For the purpose of incorporating the amendment 287
made by this act to section 705.103, Florida Statutes, in a 288
reference thereto, paragraph (a) of subsection (1) of section 289
705.105, Florida Statutes, is reenacted to read: 290
705.105 Procedure regarding unclaimed evidence. — 291
(1) Title to unclaimed evidence or unclaimed tangible 292
personal property lawfully seized pursuant to a lawful 293
investigation in the custody of the court or clerk of the court 294
from a criminal proceeding or seized as evidence by and in the 295
custody of a law enforc ement agency shall vest permanently in 296
the law enforcement agency 60 days after the conclusion of the 297
proceeding. 298
(a) If the property is of appreciable value, the agency 299
may elect to: 300
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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
1. Retain the property for the agency's own use; 301
2. Transfer the property to another unit of state or local 302
government; 303
3. Donate the property to a charitable organization; 304
4. Sell the property at public sale, pursuant to the 305
provisions of s. 705.103. 306
Section 10. For the purpose of incorporating the amendment 307
made by this act to section 705.103, Florida Statutes, in a 308
reference thereto, subsection (8) of section 713.585, Florida 309
Statutes, is reenacted to read: 310
713.585 Enforcement of lien by sale of motor vehicle. —A 311
person claiming a lien under s. 713.58 for perf orming labor or 312
services on a motor vehicle may enforce such lien by sale of the 313
vehicle in accordance with the following procedures: 314
(8) A vehicle subject to lien enforcement pursuant to this 315
section must be sold by the lienor at public sale. Immediatel y 316
upon the sale of the vehicle and payment in cash of the purchase 317
price, the lienor shall deposit with the clerk of the circuit 318
court the proceeds of the sale less the amount claimed by the 319
lienor for work done and storage, if any, and all reasonable 320
costs and expenses incurred in conducting the sale, including 321
any attorney's fees and costs ordered by the court. 322
Simultaneously with depositing the proceeds of sale remaining 323
after payment to the lienor, the lienor shall file with the 324
clerk a verified report of the sale stating a description of the 325
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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
vehicle sold, including the vehicle identification number; the 326
name and address of the purchaser; the date of the sale; and the 327
selling price. The report shall also itemize the amount retained 328
by the lienor pursuant to this section and shall indicate 329
whether a hearing was demanded and held. All proceeds held by 330
the court shall be held for the benefit of the owner of the 331
vehicle or any lienholder whose lien is discharged by the sale 332
and shall be disbursed only upon or der of the court. Unless a 333
proceeding is initiated to validate a claim to such proceeds 334
within 1 year and a day from the date of the sale, the proceeds 335
shall be deemed abandoned property and disposition thereof shall 336
be governed by s. 705.103. The clerk sh all receive 5 percent of 337
the proceeds deposited with her or him, not to exceed $25, for 338
her or his services under this section. 339
Section 11. For the purpose of incorporating the amendment 340
made by this act to section 705.103, Florida Statutes, in a 341
reference thereto, paragraph (d) of subsection (2) of section 342
823.11, Florida Statutes, is reenacted to read: 343
823.11 Derelict vessels; relocation or removal; penalty. — 344
(2) 345
(d) Notwithstanding the additional 45 days provided in 346
sub-subparagraph (b)2.b. duri ng which an owner or a responsible 347
party may not be charged for a violation of this section, the 348
commission, an officer of the commission, a law enforcement 349
agency or officer specified in s. 327.70, or, during a state of 350
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emergency declared by the Governor, the Division of Emergency 351
Management or its designee, may immediately begin the process 352
set forth in s. 705.103(2)(a) and, once that process has been 353
completed and the 45 days provided herein have passed, any 354
vessel that has not been removed or repaired s uch that it is no 355
longer derelict upon the waters of this state may be removed and 356
destroyed as provided therein. 357
Section 12. This act shall take effect July 1, 2024. 358