Florida Senate - 2024 SB 682 By Senator DiCeglie 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: 35 705.103Procedure 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 vessels 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: 151 327.4107Vessels 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: 170 327.4108Anchoring 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: 182 327.60Local 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: 194 327.66Carriage 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 agencys 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: 212 327.73Noncriminal 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: 256 379.338Confiscation 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 agencys 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: 282 705.104Title 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: 292 705.105Procedure 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 agencys 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: 312 713.585Enforcement 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 attorneys 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: 345 823.11Derelict 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.