Sec. 388.206. - Relocation, removal, and other disposition of floating structures.

(a) When a law enforcement officer determines that a floating structure constitutes an immediate hazard to navigation, the environment, or to public health, safety, and welfare, the officer may immediately remove or relocate, but not destroy, the floating structure. As soon as practicable thereafter, notice of violation shall be provided as described in Section 388.203 , and notice shall include the location where the floating structure is being held and the reason for removal or relocation, and how to reclaim the vessel, including that the owner or other interested party with legal standing on the disposition of the floating structure must make a claim to the floating structure within 21 days of notice of removal or relocation and must pay the costs for removal, relocation and storage, within 30 days of the attempt to reclaim the floating structure. The owner, operator, or other person legally responsible for the floating structure is liable to the City for all costs incurred by the City to abate the violation, as described in Section 388.103 (l). Relocation or removal under this subsection does not prevent the issuance of a citation under this Part. (b) If the owner, operator, or other person legally responsible for the floating structure is known or ascertained by reasonable inquiry, and either, (1) The owner, operator, or other person legally responsible for the floating structure has disavowed responsibility for the floating structure and no other owner or other interested party with legal standing on the disposition of the floating structure is known; or (2) After service of the notice of violation has been attempted as provided in Section 388.203 , and the term of days to correct the violation has lapsed under Section 388.203 , and the term of days to contest an issued citation has lapsed, and no person has come forward in response to the notice or citation; the floating structure may be designated as a Lost Floating Structure or Abandoned Floating Structure, subject to subsection (e). (c) If the owner, operator, or other person legally responsible for the floating structure is not known or cannot be ascertained upon reasonable inquiry, and notice of violation has been attempted as provided in Section 388.203 , and the term of days to correct the violation has lapsed under Section 388.203 , and no person has come forward to take responsibility for the floating structure, the floating structure may be designated as a Lost Floating Structure or Abandoned Floating Structure, subject to subsection (e). (d) If, at the end of 21 days after service of the notice of violation as provided in Section 388.203 , and the term of days to correct the violation has lapsed under Section 388.203 , and the term of days to contest an issued citation has lapsed, the owner, operator, or other person legally responsible for the floating structure has not removed the floating structure from the waters of the county or shown reasonable cause for failure to do so, the floating structure may be designated as a Lost Floating Structure or Abandoned Floating Structure, subject to subsection (e). (e) An Abandoned Floating Structure or Lost Floating Structure is tangible personal property, pursuant to F.S. § 192.001(17). As the used in this Part, an Abandoned Floating Structure or a Lost Floating Structure, is "abandoned property" and "lost property," respectively, as defined in F.S. § 705.101. An Abandoned Floating Structure or a Lost Floating Structure may be removed or relocated by a law enforcement officer, and, (1) As to an Abandoned Floating Structure, the City may retain the property for its own use or for use, trade the property to another unit of local government or state agency, donate the property to a charitable organization, sell the property, or dispose of the property. (2) As to a Lost Floating Structure, the City shall take custody and the agency shall retain custody of the property for 90 days, and shall publish notice of the intended disposition of the property during the first 45 days of this time period, as provided: a. If the City 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. 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 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 it. b. If the City 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 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 ten days after the final publication. Notice of the intended disposition shall describe the property in a manner reasonably adequate to permit the rightful owner of the property to identify it. (f) If a Lost Floating Structure is sold at public sale pursuant to subsection (e)(2)b, the City shall deduct from the proceeds the costs of transportation, storage, and publication of notice, including all costs incurred by the City to abate the violation, as described in Section 388.103 (l), 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 City 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 Derelict and Abandoned Vessel and Floating Structure Enforcement and Removal Trust Fund, Section 111.787 . (g) The owner, operator, or other person legally responsible for the floating structure, who, after notice of violation as provided in Section 388.203 , does not remove such vessel within the specified period is liable to the City for all costs incurred by the City to abate the violation, as described in Section 388.103 (l), less any salvage value obtained by disposal of the floating structure. Upon final disposition of the floating structure, the City shall notify the owner or other interested party with legal standing on the disposition of the floating structure, if known, of the amount owed. Notice shall be effectuated by the methods described for notice of violation in this Part. If the rightful owner does not pay such costs within 30 days of making claim to the property, the property shall vest with the City and the City may recover the costs as provided in Section 388.103 (l). (h) Employees of any state, county, or municipal agency shall be deemed agents of such governmental entity, and a Lost or Abandoned Floating Structure 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 Part, or F.S. Ch. 705, 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. (Ord. 2025-432-E , § 3)