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Exh 8F
AGENDA ITEM #8F MAY 12, 2003 STAFF REPORT City of Atlantic Beach Commission Meeting AGENDA ITEM: Recommended Change to City Code DATE: ApriL28, 2003 SUBMITTED BY: David E. Thomps~hief of Police/DPS BACKGROUND: The purpose of this memo is to discuss the disposition of property by the City of Atlantic Beach, and to make recommendations relative to the various methods of disposal that are available for consideration. I. Property: The City of Atlantic Beach accumulates property through a variety of mechanisms. a. In some cases, a piece of equipment wears out and no longer functions properly. When this occurs, the property may be discarded, stored for spare parts, or stored as surplus property for auction. b. Other items may become obsolete. They may be replaced by newer, faster, more efficient equipment. This does not necessarily mean that the original piece of equipment no longer has value, or that it is not functional. There are occasions when an item `works", but it is replaced because it has becorr~ maintenance intensive, it is not compatible with newer systems, or it is no longer satisfactory for the intended use by the city. In such cases, the items become surplus equipment. c. Items also come into the possession of the City as found or abandoned property. It is not unusual for someone to find an item in the woods, on the side of the roadway, in a city park, or abandoned in a parking lot. When the item appears to have value, or it may be evidence of a crime, or it may have been stolen, the Police Department typically picks up the item and logs it into the Police property room An attempt is made to determine ownership of the item so that it can be returned to the owner. When the ownership cannot be established, then the item is maintained until it can be disposed of by the Police Department. d. When suspects are arrested for property crimes such as burglaries, the suspects often have collections of property that were stolen from numerous locations. The suspects can rarely remember which piece of property came from which crime, and often they cannot remember which cars or houses were burglarized. Many victims do not report crimes, and this prevents the police from identifying the owners. Even though AGENDA ITEM #8F MAY 12, 2003 property may be "stolen", the owners/victims may not be identifiable. In such cases, the police department stores the unclaimed evidence for disposal e. When property is seized as evidence, the victim may abandon it. The police Departrr~nt mails out letters to the owners of the property, but often, the owners never pick up the property. This is also classified as unclaimed evidence. II. Legal Requirements: There are state laws and city codes that provide guidance and restrictions relative to the disposition of property. After reviewing these laws, it is apparent that the city code is outdated and needs to be elinunated or revised. I have attached both codes for your review. a. State Law: F.S.S. 705 is entitled Lost or Abandoned Property, and it provides guidance for the disposition of Abandoned Property, Lost property, and Unclaimed Evidence. (See Attachment) b. State Law: F.S.S. 274 is entitled Tangible Personal Property Owned By Local Governments, and it provides guidance for the disposition of surplus property from the City. c. City Ordinance: Chapter 15 of the City of Atlantic Beach Code addresses the Disposition of Confiscated or Lost Property. (See Attachment) From the dates on Chapter 15 of the city code, most of the chapter was written in 1970, except for Chapter 15-22, which was written in 1991. There are conflicts between the state law and city code, and there are guidelines in the city code that may create difficulties in the disposition of property. The Florida State Statutes dealing with lost properly, abandoned property, unclaimed evidence, and surplus property, are more up-to-date and comprehensive than the city code. If the following sections of City Code were repealed, then it would eliminate some of the problems created by the language in the code, and the prevailing state law would preserve the integrity of the property disposition process: Section 15-16. Sale of confiscated property Section 15.17. Sale of lost and found property Section 15-19. Hours of sales. Section 15-20. Destruction. AGENDA ITEM #8F MAY 12, 2003 Section 15-21. Transfer of unclaimed or confiscated property for use by the city or other governmental agency. Section 15-22. Disposal of confiscated or lost firearms. III. Current Property Status for the City of Atlantic Beach The City of Atlantic Beach has a great deal of property for disposal. Surplus property, abandoned property, unclaimed property, and lost property are taking up valuable space in city facilities. It has been .stored because there is some expectation that the property may have value at auction. This "stored" property takes up significant space at the public works facility and the public safety building. The past practice of the City of Atlantic Beach has been to organize and conduct its own auctions, or to auction property in conjunction with Jacksonville Beach. In either case, the disposition of property has been accomplished through local, public auctions. There have been a few exceptions including the donation of bicycles to charitable organizations, and the disposition of firearms. Generally speaking, the disposition of items, other than vehicles, has been very limited, and the proceeds have been minimal. IV. Another Option Online Auction Services: There are private companies that specialize in the disposal of property through an on-line auction process. Property Bureau specializes in the disposal of property from police property rooms. However, they will also dispose of surplus property from other sources. Property Bureau will pick up property from a governmental site, and they will barcode, digitally photograph and upload detailed descriptions of all items to an auction site. At the conclusion of the action, funds are collected and the items are shipped to the buyer. 50% of the funds are sent to the governmental agency, and Property Bureau keeps 50% for their business. This allows an item to be seen and marketed nationwide, and during the process, the property is not taking up valuable space in city facilities. In addition, this site provides a valuable service to citizens. It is called "Steal-it-Back". This service assists the rightful owner in identifying and claiming stolen, lost or abandoned property. Property Bureau tracks each and every item in detail, and they provide disposition information that can be verified. There are a number of cities and counties using Property Bureau for the disposition of property, including eight (8) local entities in the state of Florida. V. Recommended Actions: AGENDA ITEM #8F MAY 12, 2003 After reviewing these issues with Finance Director Nelson Van Liere, Deputy Finance Director Jeri Benjamin, and Police Administrative Asst. Laurie Scott, the following recommendations are being made to enhance the city's ability to dispose of property in a timely manner: a. City property considered surplus, obsolete or the continued use of which is uneconomical or inefficient, or which serves no useful function to the City will be referred by the City Manager to the City Commission for formal classification as surplus property. b. Once classified as surplus by the City Commission, City staff is delegated the responsibility with deterrruning the appropriate method of disposition. c. Computers or other equipment that have been cannibalized or broken items that aze unsuitable for sale in City staff s judgment, will be identified and properly disposed of by the Public Works Department. d. The City of Atlantic Beach currently has surplus vehicles and items available for auction. Some of these items would be very awkward for shipping, and they should be sold through a Local auction run by the City of Atlantic Beach. e. After the auction, any leftover items that may be suitable for online auction should be auctioned through Property Bureau. f. All police department property room items, of value, should be eliminated through Property Bureau online auctions. g. The sections of city code identified in section II. Above, should be repealed. VI. Evaluation Since the use of Property Bureau for online auctions is a new process for the City of Atlantic Beach, it will need to be monitored and evaluated to see that it is cost effective and efficient. The city will also need to identify competing businesses offering similaz services in the future. Based on our previous auction statistics, the fee amount "expense" for auctioneer services has been less than $2,500. Per City purchasing guidelines, we are only required to solicit quotes from two vendors. Since the customary charge for these services, per Tom Picard, City of Jacksonville Beach /Purchasing Agent, is 10% of revenue obtained from auction, `rice" may not be the determining factor on who is selected to perform the services. Since this is a specialized service, references will be a major factor in the selection process. To eliminate the appearance of unethical transactions, City employees will no longer be allowed to bid on City property. AGENDA ITEM #8F MAY 12, 2003 BUDGET: .None RECOMMENDATIONS: Repeal the following sections of the City Code: Section 15-16. Sale of confiscated property Section 15.17. Sale of lost. and found property Section 15-19. Hours of sales. Section 15-20. Destruction. Section 15-21. Transfer of unclaimed or confiscated property for use by the city or other governmental agency. Section 15-22. Disposal of confiscated or lost firearms. ATTACHMENTS: F.S.S. 705 F.S.S. 274 City Code Section 15 REVIEWED BY CITY MANAGER: AGE A ITEM NUMBER: statutes->View Statutes: flsenate.gov AGENDA ITEM #SF MAY 12, 2003 We1Cpm~e SeSSipe ~Cgmmitl:ses SCj18tAii5 Imfpfmati4n LGbb)ist '~! f I S G n a~ e. g Q v Center ~ l aforma#iun View Statutes Search Statutes Constitution Laws of Florida Order Select Year: 2002,..E Go The 2002 Florida Statutes Title XL Chapter 705 View Entire Chapter REAL AND PERSONAL PROPERTY LOST OR ABANDONED PROPERTY CHAPTER 705 LOST OR ABANDONED PROPERTY 705.101 DeFinitions. 705.1015 County or municipal code inspectors or code enforcement officers; duties. 705.102 Reporting lost or abandoned property. 705.103 Procedure for abandoned or lost property. 705.104 Title to lost or abandoned property. 705.105 Procedure regarding unclaimed evidence. 705.106 Recovery from person wrongfully in possession. 705.17 Exceptions. 705.18 Disposal of personal property lost or abandoned on university or community college campuses or certain public-use airports; disposition of proceeds from sale thereof. 705.19 Abandonment of animals by owner; procedure for handling. 705.101 Definitions.--As used in this chapter: (1) ."Local government" means the board of county commissioners of a county or the commission or council of any municipality in the county. (2) "Lost property" means all tangible personal property which does not have an identifiable owner and which has been mislaid on public property, upon a public conveyance, on premises used at the time for business purposes, or in parks, places of amusement, public recreation areas, or other places open to the public in a substantially operable, functioning condition or which has an apparent intrinsic value to the rightful owner. (3) "Abandoned property" means all tangible personal property that does not have an identifiable owner and that has been disposed on public property in a wrecked, inoperative, or partially dismantled condition or has no apparent intrinsic value to the rightful owner. Vessels determined to be derelict by the Fish and Wildlife Conservation Commission or a county or municipality in accordance with the provisions of s. 823.11 are included within this definition. (4) "Law enforcement officer" means any person who is elected, appointed, or employed full time http://www. flsenate.gov/Statutes/index, cfm?App_mode=Display_Statute&URL=Ch070S/cl... 3/17/2003 statutes->View Statutes: flsenate.gov AGENDA ITEM #8F MAY 12, 2003 by any sheriff, any municipality, or the state or any political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. This definition includes all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time law enforcement officers or auxiliary law enforcement ofhcers but does not include support personnel employed by the employing agency. (5) "Public property" means lands and improvements owned by the Federal Government, the state, the county, or a municipality and includes sovereignty submerged lands located adjacent to the county or municipality, buildings, grounds, parks, playgrounds, streets, sidewalks, parkways, rights-of-way, and other similar property. (6) "Unclaimed evidence" means any tangible personal property, including cash, not included within the definition of "contraband article," as provided in s. 932.701(2), which was seized by a law enforcement agency, was intended for use in a criminal or quasi-criminal proceeding, and is retained by the law enforcement agency or the clerk of the county or circuit court for 60 days after the final disposition of the proceeding and to which no claim of ownership has been made. History.--s. 1, ch. 87-82; s. 15, ch. 89-268; s. 470, ch. 94-356; s. 70, ch. 99-248; s. 28, ch. 2000-197; s. 35, ch. 2002-46. 705.1015 County or municipal code inspectors or code enforcement officers; duties.-- Employees of a county or municipality whose duty it is to ensure code compliance or enforce codes and ordinances may be designated by the governing body of the county or the municipality to administer the provisions of this chapter which pertain to lost or abandoned property. Designation of such employees shall not provide the employees with the authority to bear arms or make arrests. History.--s. 16, ch. 89-268. 705.102 Reporting lost or abandoned property.-- (1) Whenever any person finds any lost or abandoned property, such person shall report the description and location of the property to a law enforcement officer. (2) The law enforcement officer taking the report shall ascertain whether the person reporting the property wishes to make a claim to it if the rightful owner cannot be identified or located. If the person does wish to make such claim, he or she shall deposit with the law enforcement agency a reasonable sum sufficient to cover the agency's cost for transportation, storage, and publication of notice. This sum shall be reimbursed to the finder by the rightful owner should he or she identify and reclaim the property. (3) It is unlawful for any person who finds any lost or abandoned property to appropriate the same to his or her own use or to refuse to deliver the same when required. (4) Any person who unlawfully appropriates such lost or abandoned properly to his or her own use or refuses to deliver such .property when required commits theft as defined in s. 812.014, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. History.--s. 2, ch. 87-82; s. 4, ch. 92-79; s. 790, ch. 97-102. 705.103 Procedure for abandoned or lost property.-- (1) 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 section. http ://www. fl senate. gov/Statute s/i ndex. cfm?App_mode=Display_Statute&URL=Ch0705/cl... 3 / 17/2003 statutes->View Statutes: flsenate.gov AGENDA ITEM #8F MAY 12, 2003 (2) 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 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, to wit; (setting forth brief description) is unlawfully upon public property known as settin forth brief description of location) and must be removed within 5 days; otherwise, it will be removed and disposed of pursuant to chapter 705, Florida Statutes. The owner will be liable for the costs of removal, storage, and publication of notice. Dated this; (setting forth the date of posting of notice) , Signed: (setting forth name, title, address, and telephone number of law enforcement officer) . Such notice shall be not less than 8 inches by 10 inches and shall be sufficiently weatherproof to withstand normal exposure to the elements. In addition to posting, 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, she or he shall mail a copy of such notice to the owner on or before the date of posting. If the property is a motor vehicle as defined in s. 320.01(1) or a vessel as defined in 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 s. 319.27(2) or (3) ors. 328.15 (1). On receipt of this information, the law enforcement agency shall mail a copy of the notice by certified mail, return receipt requested, to the owner and to the lienholder, if any. If, at the end of 5 days after posting the notice and mailing such notice, if required, the owner or any person interested in the lost or abandoned article or articles described has not removed the article or articles from public property or shown reasonable cause for failure to do so, the following shall apply: (a) For 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 unit of local government, 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. (b) For 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 this time period. 1. 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 2 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. If the value of the property is $100 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 2 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 it. 2. 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 2 consecutive weeks in a newspaper of general circulation in the county where the sale is to be held. 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 10 days after the final publication. If there is no newspaper of general circulation in the county where the sale is to be held, the advertisement shall be posted at the door of the courthouse and at three other public places. in the county at least 10 days prior to 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 it. http://www.flsenate.gov/Statutes/index. cfm?App_mode=Display_Statute&URL=Ch0705/cl... 3/17/2003 statutes->View Statutes: flsenate.gov AGENDA ITEM #8F MAY 12, 2003 (3) If the property is sold at public sale pursuant to subparagraph (2)(b)2., the agency shall deduct from the proceeds the costs of transportation, storage, and publication of notice, and any balance of proceeds shall be deposited into an interest-bearing account not later than 30 days after the date of the sale and held there for 1 year. The agency shall provide a bill of sale clearly stating that the sale is subject to any and all liens. The rightful owner of the property may claim the balance of the proceeds within 1 year from the date of the above stated deposit by making application to the agency. If no rightful owner comes forward with a claim to the property within the designated year, the balance of the proceeds shall be deposited into the State School Fund. (4) The owner of any abandoned or lost property who, after notice as provided in this section, does not remove such property within the specified period shall be liable to the law enforcement agency for ail costs of removal, storage, and destruction of such property, less any salvage value obtained by disposal of the property. Upon final disposition of the property, the law enforcement officer shall notify the owner, if known, of the amount owed. In the case of an abandoned boat or motor vehicle, any person who neglects or refuses to pay such amount is not entitled to be issued a certificate of registration for such boat or motor vehicle, or any other boat or motor vehicle, until such costs have been paid. The law enforcement officer shall supply the Department of Highway Safety and Motor Vehicles with a list of persons whose boat registration privileges or whose motor vehicle privileges have been revoked under this subsection. Neither the department nor any other person acting as agent thereof shall issue a certificate of registration to a person whose boat or motor vehicle registration privileges have been revoked, as provided by this subsection, until such costs have been paid. (5) Whoever opposes, obstructs, or resists any law enforcement officer or any person authorized by the law enforcement officer in the discharge of her or his duties as provided in this section upon conviction is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (6) Any law enforcement officer or any person authorized by the law enforcement officer is immune from prosecution, civil or criminal, for reasonable, good faith trespass upon real property while in the discharge of duties imposed by this section. (7) The rightful owner shall be liable for the law enforcement agency's costs for transportation and storage of lost or abandoned property and the agency's cost for publication of notice of disposition of lost property. If the rightful owner does not pay such costs within 30 days of making claim to the property, title to the property shall vest in the law enforcement agency. History.--s. 3, ch. 87-82; s. i, ch. 90-307; s. 12, ch. 94-241; s. 471, ch. 94-356; s. 1, ch. 97- 51; s. 791, ch. 97-102; s. 29, ch. 2000-197. 705.104 Title to lost or abandoned property.-- (1) Title to lost or abandoned property is hereby vested in the finder upon the expiration of the 90-day custodial time period specified in s. 705.103(2)(b), provided the notice requirements of s. 705.103 have been met, unless the rightful owner or a lienholder claims the property within that time. (2) Employees of any state, county, or municipal agency shall be deemed agents of such governmental entity, and lost or abandoned property found by them during the course of their official duties shall be turned in to the proper person or department designated to receive such property by the governmental entity. Such property shall be subject to the provisions of this chapter, after which, if unclaimed by the rightful owner, the title to such property shall be vested in the state, county, or municipality and not in the employee. (3) Employees of public transportation systems shall be deemed agents of such transportation systems, and lost or abandoned property found on public conveyances, in depots, or in garages of a transportation system shall be turned in to the proper person or department designated to receive such property by the transportation systems. Such property shall be subject to the provisions of this section, after which, if unclaimed by the rightful owner, the title to such property http://www.flsenate.gov/Statutes/index, cfm?App_mode=Display_Statute&URL=Ch0705/cl... 3/17/2003 statutes->View Statutes: flsenate.gov AGENDA ITEM #8F MAY 12, 2003 shall be vested in the transportation system and not in the employee. History.--s. 4, ch. 87-82; s. 2, ch. 90-307. 705.105 Procedure regarding unclaimed evidence.-- (1) Title to unclaimed evidence or unclaimed tangible personal property lawfully seized pursuant to a lawful investigation in the custody of the court or clerk of the court from a criminal proceeding or seized as evidence by and in the custody of a law enforcement agency shall vest permanently in the law enforcement agency 60 days after the conclusion of the proceeding. (a) If the property is of appreciable value, the agency may elect to: 1. Retain the property for the agency's own use; 2. Transfer the property to another unit of state or local government; 3. Donate the property to a charitable organization; 4. Sell the property at public sale, pursuant to the provisions of s. 705.103. (b) If the property is not of appreciable value, the law enforcement agency may elect to destroy it. (2) Nothing in this section shall be construed to repeal or supersede the provisions of s. 790.08 relating to the disposition of weapons and firearms. History.--s. 5, ch. 87-82; s. 5, ch. 90-113. 705.106 Recovery from person wrongfully in possession.--Whenever any property described in this chapter, chapter 706, or chapter 707 is ascertained to be wrongfully withheld and the person in possession refuses to give it up to the sheriff on demand, the county attorney of the county in which the property is situated, or the city attorney, if within a municipality, when required to do so by the sheriff, shall enter a suit for said property and prosecute it to a final recovery. All moneys derived from these sources shall be paid by the sheriff into the State Treasury for the benefit of the State School Fund. History.--ss. 4, 5, ch. 344, 1850; RS 2015; GS 2537; RGS 3892; CGL 5799; s. 4, ch. 63-267. Note.--Former s. 705.06. 705.17 Exceptions.--The provisions of ss. 705.101-705.106 of this chapter shall not be applied to any personal property lost or abandoned on the campus of any institution in the State University System or on premises owned or controlled by the operator of a public-use airport having regularly scheduled international passenger service. History.--s. 1, ch. 71-75; s. 6, ch. 87-82; s. 22, ch. 91-110; s. 61, ch. 96-323. 705.18 Disposal of personal property lost or abandoned on university or community college campuses or certain public-use airports; disposition of proceeds from sale thereof.-- (1) Whenever any lost or abandoned personal property shall be found on a campus of an institution in the State University System or a campus of astate-supported community college, or on premises owned or controlled by the operator of a public-use airport having regularly scheduled international passenger service, the president of the institution or the president's designee or the director of the airport or the director's designee shall take charge thereof and make a record of http://www.fl senate.gov/Statutes/index. cfm?App_mode=Display_Statute&URL=Ch0705/cl... 3!17/2003 statutes->View Statutes: flsenate.gov AGENDA ITEM #8F MAY 12, 2003 the date such property was found. If, within 30 days after such property is found, or a longer period of time as may be deemed appropriate by the president or the director under the circumstances, it is not claimed by the owner, the president or director shall order it sold at public outcry after giving notice of the time and place of sale in a publication of general circulation on the campus of such institution or within the county where the airport is located and written notice to the owner if known. The rightful owner of such property may reclaim same at any time prior to sale. (2) All moneys realized from such institution's sale shall be placed in an appropriate fund and used solely for student scholarship and loan purposes. All moneys realized from such sale by an airport, less its costs of storage, transportation, and publication of notice, shall, unless another use is required by federal law, be deposited into the state school fund. History.--s. 1, ch. 71-75; s. 1, ch. 77-131; s. 62, ch. 96-323; s. 1762, ch. 97-102. 705.19 Abandonment of animals by owner; procedure for handling.-- (1) Any animal placed in the custody of a licensed veterinarian or bona fide boarding kennel for treatment, boarding, or other care, which shall be abandoned by its owner or the owner's agent for a period of more than 10 days after written notice is given to the owner or the owner's agent at her or his last known address may be turned over to the custody of the nearest humane society or dog pound in the area for disposal as such custodian may deem proper. (2) The giving of notice to the owner, or the agent of the owner, of such animal by the licensed veterinarian or kennel operator as provided in subsection (1) shall relieve the veterinarian or kennel operator and any custodian to whom such animal may be given of any further liability for disposal. Such procedure by a licensed veterinarian shalt not constitute grounds for disciplinary procedure under chapter 474. (3) For the purpose of this section, the term "abandonment" means to forsake entirely or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner or the owner's agent. Such abandonment shall constitute the relinquishment of all rights and claim by the owner to such animal. History.--ss. 1, 2, ch. 79-228; ss. 1, 2, ch. 81-157; s. 3, ch. 81-318; s. 792, ch. 97-102. Welcome • Session • Committees • Senators • Information Center • Statutes and Constitution • Lobbyist Information Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright ©2000-2003 State of Florida. Contact us. Privac~Statement http://www.flsenate.gov/Statutes/index. cfm?App_mode=Display_Statute&URL=Ch0705/cl... 3/17/2003 statutes->View Statutes->2002->CH0274->Section O5: flsenate.gov AGENDA ITEM #8F MAY 12, 2003 I~~~n~~~.~~w WelcomeSess3on~ammitteesSe~etars lafarsna~tida ~una~ist `. Center ~ Imfarma#FOe , View Statutes Search Statutes Constitution Laws of Florida Order Select Year• 2002 ~ Go; The 2002 Florida Statutes Title XVIII Chapter 274 View Entire PUBLIC LANDS AND TANGIBLE PERSONAL PROPERTY OWNED BY LOCAL Chapter PROPERTY GOVERNMENTS 274.05 Surplus property.--A governmental unit shall have discretion to classify as surplus any of its property, which property is not otherwise lawfully disposed of, that is obsolete or the continued use of which is uneconomical or inefficient, or which serves no useful function. Within the reasonable exercise of its discretion and having consideration for the best interests of the county or district, the value and condition of property classified as surplus, and the probability of such property's being desired by the prospective bidder or donee to whom offered, the governmental unit may offer surplus property to other governmental units in the county or district for sale or donation or may offer the property to private nonprofit agencies as defined in s. 273.01 (3) by sale or donation. If the surplus property is offered for sale and no acceptable bid is received within a reasonable time, the governmental unit shall offer such property to such other governmenta! units or private nonprofit agencies as determined by the governmental units on the basis of the foregoing criteria. Such offer shall disclose the value and condition of the property. The best bid shall be accepted by the governmental unit offering such surplus property. The cost of transferring the property shall be paid by the governmental unit or the private nonprofit agency purchasing or receiving the donation of the surplus property. History.--s. 5, ch. 59-163; s. 21, ch. 94-226; s. 6, ch. 96-209; s. 1, ch. 96-236. Welcome • Session • Committees • Senators • Information Center • Statutes and Constitution • Lobbyist Information Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright ©2000-2003 State of Florida. Contact us. Privacy Statement http://www.flsenate.gov/Statutes/index.cfm?App made=Display_Statute&Search_String=~... 3/28/2003 AGENDA ITEM #8F MAY 12, 2003 ARTICLE II. DISPOSITION OF CONFISCATED OR LOST PROPERTY* *State law references: Seized, abandoned, wrecked or derelict property, F.S. Ch. 705; supplemental procedure for removal and destruction of abandoned property of nominal salvage value only, F.S. § 705.16; Florida Contraband Forfeiture Act, F.S. § 932.701 et seq. Sec. 15-16. Sale of confiscated property. When requested by the chief of police, and in the time and manner ordered by the county court, any personal property entered into evidence or otherwise coming into the custody of the court during the progress of any case, and not claimed by or returned to the owner or any person claiming interest therein within sixty (60) days, shall, if of any appreciable value, be sold or offered for sale at public sales conducted by the city clerk. If no claim is made within thirty (30) days after a sale, proceeds shalt be paid over to the general fund. (Code 1970, § 2-1.2(a)) Sec. 15-17. Sale of lost and found property. All lost and found properties which have come into the possession of the police department and have not been claimed by the owner or any person claiming an interest therein within ninety (90) days may, at the request of the chief of police and upon order of the county court, be disposed of by sale in the same manner as described in section 15-16. (Code 1970, § 2-1.2(b)) Sec. 15-18. Notice of sales. AGENDA ITEM #8F MAY 12, 2003 Notice of all sales shall be given by the city clerk by advertising once each week for two (2) successive weeks in a newspaper published within the county. (Code 1970, § 2-1.2(c)) Sec. 15-19. Hours of sales. All sales of property shall take place between the hours of 10:00 a.m. and 2:00 p.m. any day of the week as designated by the city clerk. (Code 1970, § 2-1.2(d); Ord. No. 5-83-13, § 1, 12-12-83) Sec.15-20. Destruction. If any of the confiscated, lost and found properties described in sections 15-16 and 15-17 are of no appreciable value, the city commission may order the destruction of same by the chief of police. (Code 1970, § 2-1.2(f)) Sec. 15-21. Transfer of unclaimed or confiscated property for use by city or other governmental agency. Any property unclaimed or confiscated for a period of ninety (90) days or more that can save a useful productive service to the city or to another governmental agency may be placed on the city inventory and transferred to any department within the city or transferred or sold to another governmental agency upon approval of the city commission. AGENDA ITEM #8F MAY 12, 2003 (Code 1970, § 2-1.2(g); Ord. No. 5-83-13, § 2, 12-12-83) Sec. 15-22. Disposal of confiscated or lost firearms. (a) For purposes of this section, the term "firearm" means any weapon (including a starter gun) which will, is designated to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term."firearm" shall not include an antique firearm unless the antique firearm is used in the commission of a riot; the enticing or encouraging of a riot; or the commission of a murder, an armed robbery, an aggravated assault, an aggravated battery, a burglary, an aircraft piracy, a kidnapping, sexual battery or other felony, misdemeanor or illegal shooting. (b} In any case involving violation of law or ordinance, the firearm shall be held until such time as the offense is disposed of or as otherwise provided by law. (c) If the person arrested for an offense involving a firearm is convicted of the offense, such firearm shall be forfeited to the city without any order of forfeiture being necessary unless the court having jurisdiction over the offense orders a contrary disposition. (d) If the person arrested as aforesaid be acquitted of the offense involving the firearm, said firearm shall be released to the owner upon presentation of proper proof of ownership; however, if the owner fails to call for or receive the same within six (6) months from and after the acquittal or dismissal of the charges, said firearm shall become forfeited to the city. (e) Any firearm found, abandoned, lost or otherwise discarded within the city and coming into the hands of the city police department shall be retained for a period of sixty (60) days. !f said firearm has not been identified as to ownership and/or reclaimed by the owner upon proper proof of ownership, said firearm shall become forfeited to the city and no action or proceeding for their recovery shall thereafter be pursued. AGENDA ITEM #8F MAY 22, 2003 (f) Any firearms coming into the possession of the police department, pursuant to the above sections, shall be documented by serial number when known or by general description when unknown and kept and held in the evidence/property section until such time as released or disposed of. (g) All firearms forfeited to the city, pursuant to the foregoing sections, shall be disposed of as follows: (1) All firearms having been forfeited which are not needed or are useless or unfit for use shall be destroyed. (2) Any firearms which are needed and deemed useable for law enforcement use will be retained and added to the police department inventory upon approval of the chief of police. (3) Rifles, shotguns, and handguns, except short barreled shotguns and short barreled rifles as defined in Chapter 790, Florida Statutes; and curio and relic firearms as defined by Part 178, 27 CFR, may be sold or traded to licensed firearm dealers upon approval of the chief of police. (Ord. No. 57-91-17, § 1, 9-26-91)