§ 30-72. Removal and disposition.

(a)

Whenever a law enforcement officer ascertains that an article of lost or abandoned property is present on public property and is of such nature that it can be easily removed, the officer shall take such article into custody and shall make a reasonable attempt to ascertain the rightful owner or lienholder pursuant to the provisions of this division.

(b)

Whenever a law enforcement officer ascertains that an article of lost or abandoned property is present on public or private property and is of such nature that it cannot be easily removed, the officer shall cause a notice to be placed upon such article in substantially the following form:

"NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY:

This property: (setting forth a brief description) is unlawfully upon public property known as (setting forth a brief description of the location) and must be removed within five days; otherwise, it will be removed and disposed of pursuant F.S. ch. 705. The owner will be liable for the costs of removal, storage and publication of notice. Dated this: (setting forth the date of posting of the notice). Signed: (setting forth the name, title, address and telephone number of the law enforcement officer)."

(c)

Such notice shall be not less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements.

(d)

In addition to posting such notice, the law enforcement officer shall make a reasonable effort to ascertain the name and address of the owner. If such is reasonably available to the officer, he shall mail a copy of such notice to the owner on or before the date of such posting.

(e)

If the property is a motor vehicle as defined in F.S. § 320.01(1) or a vessel as defined in F.S. § 327.02, the law enforcement agency shall contact the department of highway safety and motor vehicles in order to determine the name and address of the owner and any person who has filed a lien on the vehicle or vessel as provided in F.S. § 319.27(2) or (3), or F.S. § 328.15(1). On receipt of such information, the law enforcement agency shall mail a copy of the notice by certified mail, return receipt requested, to the owner and lienholder, if any.

(f)

If, at the end of five days after posting the notice and mailing such notice, if required, the owner or any person interested in the lost or abandoned article described has not removed the article from public property or shown reasonable cause for failure to do so, the following shall apply:

(1)

Abandoned property. The law enforcement agency may retain any or all of the property for its own use or for use by the state or village; trade such property to another unit of local government or state agency; donate the property to a charitable organization; sell the property; or notify the appropriate refuse removal service.

(2)

Lost property. The officer shall take custody and the agency shall retain custody of the property for 90 days. The agency shall publish notice of the intended disposition of the property, as provided in this section, during the first 45 days of such time period.

(g)

If the agency elects to retain the property for use by the unit of government, donate the property to a charitable organization, surrender such property to the finder, sell the property or trade the property to another unit of local government or state agency, notice of such election shall be given by an advertisement published once a week for two consecutive weeks in a newspaper of general circulation in the county where the property was found if the value of the property is more than $100.00. If the value of the property is $100.00 or less, notice shall be given by posting a description of the property at the law enforcement agency where the property was turned in. The notice must be posted for not less than two consecutive weeks in a public place designated by the law enforcement agency. The notice must describe the property in a manner reasonably adequate to permit the rightful owner of the property to claim such property.

(h)

If the agency elects to sell the property, it must do so at public sale by competitive bidding. Notice of the time and place of the sale shall be given by an advertisement of the sale published once a week for two consecutive weeks in a newspaper of general circulation in the county. The notice shall include a statement that the sale shall be subject to any and all liens. The sale must be held at the nearest suitable place to that where the lost or abandoned property is held or stored. The advertisement must include a description of the goods and the time and place of the sale. The sale may take place no earlier than ten days after the final publication. If there is no newspaper of general circulation in the county, the advertisement shall be posted at the door of the courthouse and at three other public places in the county at least ten days prior to the sale. Notice of the agency's intended disposition shall describe the property in a manner reasonably adequate to permit the rightful owner of the property to identify such property.

State law reference

Similar provisions, F.S. § 705.103(1), (2).