F.S SEIZED, ABANDONED, WRECKED, OR DERELICT PROPERTY Ch. 705

Transcription

1 F.S SEIZED, ABANDONED, WRECKED, OR DERELICT PROPERTY Ch. 705 feiture thereof or when property seized by any other officer is delivered to the sheriff under such provisions, other than under the provisions of the Florida Contraband Forfeiture Act, the sheriff shall forthwith fix the approximate value thereof and make report thereof to the county court judge. The report shall contain a schedule of the property seized, a full statement of the facts giving cause for said seizure, the name and position of the person making the seizure, the name and address of the owners or persons having possession of the property seized, and the names and addresses of all persons, firms, or corporations known to the sheriff to have an interest in the property seized. (2) The sheriff shall hold the property seized pending an order of disposal by the court. History.-s. 5, ch ; s. 26, ch ; s. 11, ch cf.-ss Florida Contraband Forfeiture Act Notice of seizure and order to show cause. (1) The county court judge upon receiving the report and schedule of the sheriff shall treat it as a petition or libel in rem for the forfeiture of the property therein described. The report shall be sufficient as said petition or libel notwithstanding the fact that it may not contain a formal prayer or demand for forfeiture. The report shall be subject to amendment at any time before final hearing upon due notice to all interested parties. (2) Upon the filing of the report, the county court judge shall cause to be issued a citation directed to all persons, firms, and corporations owning, having, or claiming any interest in or lien upon the seized property, giving notice of the seizure and directing all such persons, firms, and corporations to file their claims stating their particular interest in said property. All persons, firms, and corporations personally served shall file their claims within 20 days after receiving service of the citation. The citation shall set the time for filing a claim for interested parties not personally served not to exceed 30 days from the date the report was filed. Personal service shall be made on all parties in the state having liens noted upon a certificate of title as shown by the records of the Department of Highway Safety and Motor Vehicles. History.-s. 5, ch ; s. 6, ch ; ss ch ; s. 26, ch Notice of seizure and order to show cause when owners of property are unknown.-when personal property not subject to summary destruction is seized by the sheriff pursuant to any of the provisions of the law in this state permitting forfeiture of said property, or when property seized by any other officer is delivered to the sheriff, and the name of the owners of said property or the names of any person, firm, or corporation having an interest in or lien upon said property cannot be ascertained, the sheriff shall give notice of seizure and an order to show cause why the property should not be forfeited and sold by publication for a period of 30 days in the manner provided in chapter 50. History.-s. 5, ch Proceeding when claim filed.-when one or more claims are filed in the cause, the cause shall be tried upon the issues made thereby with the petition for forfeiture with any affirmative defenses being deemed 1151 denied without further pleading. Judgment by default shall be entered against all other persons, firms, and corporations owning, claiming, or having an interest in and to the property seized, after which the cause shall proceed as in other common law cases; except any claimant shall prove to the satisfaction of the court that he did not know or have any reason to believe, at the time his right, title, interest, or lien arose, that the property was being used for, or in connection with, the violation of any of the statutes or laws of this state making such property subject to such forfeiture, and further, that at such time there was no reasonable reason to believe that said property might be used for such purpose. Where the owner of the property has been convicted of the violation of a statute or laws of the state which provide for the seizure and forfeiture of property, such conviction shall be prima facie evidence that each claimant had reason to believe that the property might be used for, or in connection with a violation of, such statutes and laws, and it shall be incumbent upon such claimant to satisfy the court that he was without knowledge of such conviction. Hlstory.-s. 5, ch Judgment of forfeiture.-on final hearing the report of the sheriff to the county court judge shall be taken as prima facie evidence that the property seized was, or had been, used in, or in connection with, the violation of the statutes and laws of this state subjecting the property involved to forfeiture and sale, and shall be sufficient predicate for a judgment of forfeiture in the absence of other proofs and evidence. The burden shall be upon the claimants to show that the property was not so used or, if so used, that they had no knowledge of such violation and no reason to believe that the seized property was or would be used for the violation of such statutes and laws. Where such properties are encumbered by a lien or retained title agreement under circumstances wherein the lienholder had no knowledge that the property was or would be used in violating such statutes and laws, and no reasonable reason to believe that it might be so used, then the court may declare a forfeiture of all the rights, titles, and interest, subject, however, to the lien of such innocent lienholder, or may direct the payment of such a lien from the proceeds of any sale of said property. The proceedings and judgment of forfeiture shall be in rem and shall be primarily against the property itself. Upon the entry of a judgment of forfeiture the court shall determine the disposition to be made of the property, which may include the destruction thereof, the sale thereof, the allocation thereof to some other governmental function or use, or otherwise, as the court may determine. If any of the property declared forfeited is of such a nature as to be readily adaptable for use in the office of sheriff, the sheriff of the county involved shall be allowed to requisition such items of the forfeited property before any other disposition is made under the judgment. The sheriff's requisition shall be filed before judgment, and the property requisitioned therein shall be allocated to the office of the sheriff in said judgment. The balance of the property shall be destroyed or sold or allocated to some other governmental function or use. Sales of such property shall be a public

2 Ch. 705 SEIZED, ABANDONED, WRECKED, OR DERELICT PROPERTY F.S sale to the highest and best bidder for cash after 2 weeks' public notice as the court may direct. Upon the application of any claimant, the court may fix the value of a forfeitable interest in the seized property and permit such claimant to redeem the said property upon the payment of a sum equal to said value which sum shall be disposed of as would the proceeds of the sale of said property under a judgment of forfeiture. Hiatory.-s. 5, ch ; s. 26, ch Disposition of proceeds of forfeiture.-aii sums received from the sale or other disposition of the seized property shall be paid into the State Treasury for the benefit of the State School Fund and shall become a part thereof. History.-s. 5, ch Fees for services.-fees for services required hereunder shall be the same as provided for sheriffs and clerks for like and similar services in other cases. History.-s. 5, ch Abandoned property; supplemental procedure for removal and destruction.- (1) In any county in the state, the rights, powers, and procedures set forth in this section shall be supplemental to and cumulative to the rights, powers, and procedures set forth elsewhere in this chapter and any amendments thereto. (2) DEFINITIONS.-As used in this section: (a) "Local government" means the board of county commissioners or the commission or council of any municipality in the county. (b) "Abandoned property" means wrecked or derelict property having no value other than nominal salvage value, if any, which has been left abandoned and unprotected from the elements and shall include wrecked, inoperative, or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, furniture, and any other similar article which has no value other than nominal salvage value, if any, and which has been left abandoned and unprotected from the elements. (c) "Public property" means lands and improvements owned by the Federal Government, the State of Florida, a 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. (d) "Enforcement officer" means sheriff, director of public safety, police chief, marshal, or any other officer designated by law, charter, ordinance, or resolution of the governing body of the local government to enforce the provisions of this section. (3)(a) Whenever the enforcement officer of any local government shall ascertain that an article of abandoned property is present on public property within the limits of such governmental unit, or unincorporated area of the county, if a county, he shall cause a notice to be placed upon such article in substantially the following form : Such notice shall not be less than 8 inches by 10 inches and shall be sufficiently weatherproof to withstand nor- mal exposure to the elements for a period of 10 days. In NOTICE TO THE OWNER AND ALL PERSONS INTER- ESTED IN THE ATIACHED PROPERTY. This property, to wit: (setting forth brief description) is unlawfully upon 1152 public property known as (setting forth brief description of location) and must be removed within 10 days or, if the property is a boat, 30 days from date of this notice; otherwise it shall be presumed to be abandoned property and will be removed and destroyed by order of (setting forth name of local government). If the property is a motor vehicle or boat, the owner will be liable for the costs of removal and destruction. Dated this: (setting forth the date of posting of notice). Signed: (setting forth name, title, address, and telephone number of 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 enforcement officer shall make a reasonable effort to ascertain the name and address of the owner; and, if such is reasonably available to the enforcement officer, he shall mail a copy of such notice to the owner on or before the date of posting. (b) If, at the end of 10 days or (if the property is a boat) 30 days after posting such notice, the owner or any person interested in the abandoned article or articles described in such notice has not removed the article or articles from public property or shown reasonable cause for failure so to do, the enforcement officer may cause the article or articles of abandoned property to be removed and destroyed. The salvage value, if any, of such article or articles shall be retained by the local government to be applied against the cost of removal and destruction thereof, unless the costs of removal and destruction are paid by the owner as provided in subsection (5), in which case the salvage value may be deposited in the local government general fund. (4)(a) Whenever the enforcement officer of any local government shall ascertain that an article or articles of abandoned property are present on private property within the limits of such governmental unit, or unincorporated area of the county if a county, in violation of any zoning ordinance or regulation, antilitter ordinance or regulation, or other similar ordinance or regulation of such local government, the enforcement officer shall cause a notice to be placed upon such article in substantially the following form: NOTICE TO THE OWNER AND ALL PERSONS INTER ESTED IN THE ATIACHED PROPERTY. This property, to wit: (setting forth brief description) located at (setting forth brief description of location) is improperly stored and is in violation of (setting forth ordinance or regulation violated) and must be removed within 10 days or, if the property is a boat, 30 days from date of this notice; otherwise it shall be presumed to be abandoned property and will be removed and destroyed by order of (setting forth name of local government). If the property is a motor vehicle or boat, the owner will be liable for the costs of removal and destruction. Dated this: (setting forth date of posting of notice). Signed: (setting forth name, title, address, and telephone number of enforcement officer).

3 F.S SEIZED, ABANDONED, WRECKED, OR DERELICT PROPERTY Ch. 705 addition to posting the notice and on or before the date of posting, the enforcement officer shall mail a copy of the notice to the owner of the real property upon which the abandoned articles are located, as shown by the real estate tax records used by the local government, and, if the abandoned property is a motor vehicle or boat, shall make a reasonable effort to ascertain the name and address of the owner and shall mail a copy of the notice to such owner. (b) If, at the end of 10 days or (if the property is a boat) 30 days after posting such notice, the owner or any person interested in the abandoned article or articles described in such notice has not removed the article or articles and complied with the ordinance or regulation cited in the notice, the enforcement officer may cause the article or articles of abandoned property to be removed and destroyed. The salvage value, if any, of such article or articles shall be retained by the local government to be applied against the cost of removal and destruction thereof, unless the costs of removal and destruction are paid by the owner as provided in subsection (5), in which case the salvage value may be deposited in the local government general fund. (5) The owner of any abandoned motor vehicle or boat who, after notice as provided in this section, does not remove the vehicle or boat within the specified period shall be liable to the local government for all costs of removal and destruction of such property, less any salvage value received by the local government. Upon such removal and destruction, the local government enforcement officer shall notify the owner of the amount owed and of the penalty provision of this subsection. In the case of an abandoned boat, any person who neglects or refuses to pay such amount shall not be entitled to be issued a certificate of registration for any other boat until such costs have been paid. The local government enforcement officer shall supply the Department of Natural Resources with a list of persons whose boat registration privileges have been revoked under this subsection; and neither the department nor the tax collector or other person acting as agent thereof shall issue a certificate of registration to a person whose boat registration privilege has been revoked, as provided by this subsection, until such costs have been paid. In the case of an abandoned motor vehicle, any person who neglects or refuses to pay such amount shall be subject to a fine of $100. (6) Whoever opposes, obstructs, or resists any enforcement officer or any person authorized by the enforcement officer in the discharge of his duties as provided in this section upon conviction shall be guilty of a misdemeanor of the second degree, punishable as provided in s or s (7) Any enforcement officer or any person authorized by the enforcement officer shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon real property while in the discharge of duties imposed by this section. (8) Any incorporated municipality in any county in the state may by ordinance adopt by reference any or all of the provisions of this section. Hlatory.- ss. 1, 2, 3, 4, 5, 6, 7, ch ; s. 683, ch ; s. 1, ch ; s. 1, ch Exceptions.-The provisions of ss 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. Hlatory.-s. 1, ch Disposal of personal property lost or abandoned on university or community college campuses; 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 a statesupported community college, the president of the institution or his designee shall take charge thereof and make a record of the date such property was found. If, within 30 days after such property is found, it is not claimed by the owner, the president 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 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 sale shall be placed in an appropriate fund and used solely for student scholarship and loan purposes. Hlatory.-s. 1, ch ; s. 1, ch 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 his agent for a period of more than 10 days after written notice is given to the owner or his agent at 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 shall 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 his agent. Such abandonment shall constitute the relinquishment of all rights and claim by the owner to such animal. Hlatory.-ss. 1, 2, ch ; ss. 1, 2, ch ; s. 3, ch

4 Ch. 706 WRECKED COTION; LUMBER ADRIFT F.S Finder of wrecked cotton to advertise. Owner to pay expenses and salvage. Sale. Persons to adopt brand for lumber. Damages for fraudulently using stamp. Booms may be constructed. Public custodian for certain ports. To what ports ss apply. Custodian; duties as to vessels. Custodian; duties as to lost timber. Notice of finding lost timber. Stamp to be evidence. Fees. Sale of lost timber. Picking up lumber adrift. Ports having no public custodian; lumber, etc., not to be stayed before reaching the sea. Lumber taken up in sea, etc., to be advertised. Sale and disposition of proceeds. Selling rafted lumber adrift Finder of wrecked cotton to advertise. Persons taking up cotton afloat in the rivers of this state shall place it in a secure place out of the weather and give early notice, by advertisement at the port to which said cotton was destined, of the finding of the same, giving the marks or brands on said cotton, together with the place of finding and the name of the finder. Hlatory.-s. 1, March 4, 1841 ; RS 2016; GS 2538; RGS 3893; CGL Owner to pay expenses and salvage.-the person finding said cotton shall deliver it to the owner, on his paying the expense of advertisement and the sum of $5 for each bale so saved. Hlstory.-s. 2, March 4, 1841 ; RS 2017; GS 2539; RGS 3894; CGL Sale.-lf no owner shall appear within 3 months after the time of such advertisement, the person finding shall expose the same at public auction to the highest bidder, and shall hold the proceeds, after the payment of proper costs and charges and the salvage aforesaid, for the benefit of the owner. Hlstory.-s. 3, March 4, 1841 ; RS 2018; GS 2540; RGS 3895; CGL Persons to adopt brand for lumber.-any person floating lumber, logs, or timber down the current of rivers, streams, or watercourses in the state may adopt, to his exclusive use, a particular mark, brand, or stamp to be used and applied on all such lumber, logs, or timber, to distinguish and designate his ownership thereof; but such person adopting any such mark, brand, or stamp shall have it recorded in the office of the clerk of the circuit court, describing it particularly and its usual mode of application. The clerk shall receive a service charge as provided in s History.-s. 2, ch. 507, 1853; RS 2019; s. 1, ch. 4174, 1893; GS 2541 ; RGS 3896; CGL 5803; s. 34, ch CHAPTER 706 WRECKED COTION; LUMBER ADRIFT Damages for fraudulently using stamp. Any person who shall after such record knowingly use said mark, brand, or stamp shall be liable in double damages to the party aggrieved. Hlstory.-RS 2020; s. 2, ch. 4174, 1893; GS 2542; RGS 3897; CGL Booms may be constructed.-owners of timber or lumber floating down rivers or watercourses may make use of floating booms on such streams for the purpose of securing such timber or lumber from loss, but such booms shall not be used in such manner as to cause any unnecessary delay to boats and vessels engaged in the navigation of such streams, nor shall they remain stretched out upon or across such streams any longer than is absolutely necessary to secure the timber or lumber from loss. Hlstory.-s. 3, ch. 507, 1853; RS 2021 ; GS 2543; RGS 3898; CGL Public custodian for certain ports.-the Governor shall appoint, subject to confirmation by the Senate, for each port in the state into which have or shall come during any calendar year not fewer than 50 vessels of 500 tons burden each, a public custodian of lost timber and lumber, who shall give a bond in the sum of $1,000 to the Governor for the faithful discharge of his duties, and shall hold his office for 4 years, unless sooner removed by the Governor for good cause. Hlstory.-s. 1, ch. 5171, 1903; GS 2544; RGS 3899; CGL 5806; s. 11, ch. 77~ To what ports ss apply. Sections shall apply to all ports, and none other, into which have come during the past 5 years vessels of 500 tons burden and upwards, at the average of not less than 250 vessels per year, according to the records of the United States Customhouse at or nearest the port for which such appointment shall be made. Hlstory.-s. 2, ch. 4803, 1899; GS 2552; RGS 3905; CGL Custodian; duties as to vessels.-the said public custodian shall keep in his office a register book, wherein he shall immediately upon the arrival of any vessel record the name, date of arrival, master, nationality, and the tonnage thereof, and the cargo stamp to be furnished as hereinafter provided. The said public custodian of timber and lumber shall furnish to the master of each vessel loading cargo from the water a suitable stamp, with which the master of the said vessel shall cause to be stamped all timber and lumber immediately upon its receipt alongside to be loaded as above set forth. Hlstory.-s. 2, ch. 3899, 1889; RS 2023; GS 2545; RGS 3900; CGL Custodian; duties as to lost timber.-the said public custodian, either by himself or his agent, shall keep at all times a careful watch over the waters of his port, and shall recover and place in a boom to be kept by him for the purpose, convenient to the shipping, all timber and lumber that shall be found adrift in said waters, and safely keep the same until disposed of in the manner hereinafter provided; but nothing in this section contained shall authorize the public custodian, or his agent, or any other person, to take possession of any lumber or timber afloat upon the waters of such port, or its tributaries, when the owner thereof, on his bailee or

5 F.S WRECKED COTTON; LUMBER ADRIFT Ch. 706 agent, shall be in possession, view or immediate pursuit thereof. Hlstory.-s. 3, ch. 3899, 1889; RS 2024; s. 2, ch. 5171, 1903; GS 2546; RGS 3901; CGL Notice of finding lost timber.-the said public custodian of timber and lumber immediately upon the recovery of any timber or lumber shall give public notice for 5 days in some newspaper published at said port giving the description, quantity, and stamp of such timber or lumber, and stating that unless said timber or lumber be called for and identified by the owner within 5 days, the same will be sold as provided ins , and that if the proceeds of such sale be not called for by the person lawfully entitled to the same within 90 days after such sale, the same will be forfeited and paid into the county treasury for the use of district schools; and the owners of any such timber or lumber shall be entitled to have the same delivered when at said boom upon paying to the said custodian the fees hereinafter provided. Hlstory.-s. 4, ch. 3899, 1889; RS 2025; s. 3, ch. 5171, 1903; GS 2547; RGS 3902; CGL 5809; s. 1, ch Stamp to be evidence.-the stamp furnished and used under the provisions of s when appearing upon timber or lumber adrift shall be, in the courts of the state, prima facie evidence of ownership. History.-s. 5, ch. 3899, 1889; RS 2026; GS 2548; RGS 3903; CGL Fees.-The said public custodian of lost timber and lumber shall be entitled to demand and receive from the master of each vessel using the stamp pr'ovided for in this chapter the sum of $2 for the use of the same while engaged in loading, and for each stick of sawn timber recovered and delivered the sum of 75 cents and for each stick of hewn timber recovered and delivered the sum of $1.50, and for lumber recovered and delivered the sum of $3 per thousand superficial feet measurement, $2.50 for each chain and 5 cents for each iron dog recovered and delivered, and $5 for each ship's boat or yawl recovered and delivered, and the said custodian shall have a first lien upon timber, lumber, chains, iron dogs, and boats or yawls so recovered by him for all his fees and dues for same until the same be fully paid, and he shall not be required to deliver any timber, lumber, chains, iron dogs, boats or yawls until such payment is made. History.-s. 6, ch. 4044, 1891 ; s. 1, ch. 4803, 1899; GS 2549; RGS 3904; CGL 5811 ; s. 7, ch , Sale of lost timber.-after any lost timber or lumber has been advertised as above required for the period of 5 days, and no owner or claimant has appeared, the custodian shall sell the same at public sale, after public notice as aforesaid, advertised for 5 days, for the benefit of whom it may concern, for which service he shall receive from the proceeds of such sale 5 percent on the gross amount of such sale; the net proceeds of such sales to be held and paid by him to such person as shall be lawfully entitled to the same. History.-s. 7, ch. 3899, 1889; s. 3, ch. 4044, 1891 ; RS 2028; GS 2551 ; RGS 3906; CGL Picking up lumber adrift.-no person other than the custodian of lost timber, or his agents, in ports where such custodian has been appointed, shall pick 1155 up, recover, or in any manner interfere with any timber or lumber found adrift in the waters of such port, which has been stamped as required by law or which has not been stamped. Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s or s Hlstory.-s. 8, ch. 3899, 1889; RS 2503; s. 4, ch. 5171, 1903; GS 3386; RGS 5234; CGL 7353; s. 684, ch Ports having no public custodian; lumber, etc., not to be stayed before reaching the sea.-ln ports having no public custodian, no person other than the owner or his agents shall arrest, stay or take possession of any sawed lumber in rafts, hewn timber, round sawmill logs or spars adrift before the same shall have reached the mouths or outlets of the rivers and streams and have passed out into the open sea or bays where the said rivers or streams empty their waters. Hlstory.-s. 1, ch. 507, 1853; RS 2030; GS 2552; RGS 3907; CGL Lumber taken up in sea, etc., to be advertised.-whenever any person shall find any rafts of the timber or lumber mentioned in s in the said open sea or bays, he shall secure it in the place where found, or in the nearest place of safety, and shall proceed to advertise it at the door of the courthouse of the county wherein it was found, stating the kind and probable quantity of lumber, the place where found and where deposited. Hlatory.-s. 1, Feb. 10, 1834; RS 2031 ; GS 2553; RGS 3908; CGL Sale and disposition of proceeds.-lf after the expiration of 60 days from the date of the advertisement no person shall claim and establish his right of property to said timber or lumber to the satisfaction of the county court judge (to prove which right the person claiming to be the owner of said timber or lumber shall not be required to produce testimony upon oath to the identity thereof, but such circumstantial proof as the nature of the case admits) then the finder may take it to the nearest market and deliver it to the county court judge, who shall forthwith sell the same to the best advantage, pay to the finder all necessary and reasonable expenses, reserve to himself 5 percent as compensation for his services, and place the balance in the hands of the clerk of the circuit court, whose receipt he shall take. But if before the expiration of the 60 days the owner shall appear and establish his right to said lumber such owner shall pay all expenses and reasonable charges for securing the same, to be determined, in case of difference between the parties, by an arbitrator appointed by each; but if after the expiration of another term of 60 days no right shall have yet been established to said lumber, then the balance of said money remaining in the hands of the clerk shall be paid over, one-half to the finder and the other half to the county treasury, to be applied in common with other funds to county purposes. Hlstory.-s. 2, Feb. 10, 1834; RS 2032; GS 2554; RGS 3909; CGL 5816; s. 26, ch Selling rafted lumber adrift.-whoever finding any timber or lumber adrift, outside of ports for which a public custodian for lost timber and lumber is appointed, sells it without complying with the law relative to lum-

6 Ch. 706 WRECKED COTTON; LUMBER ADRIFT F.S ber adrift, or disposes of it, in the place or places where found, as his timber or lumber, or appropriates it to his own use, shall be guilty of larceny. History.-s. 3, Feb. 10, 1834; RS 2446; GS 3294; RGS 5128; CGL 7229; s. 685, ch

7 F.S ESTRAYS Ch. 707 CHAPTER 707 ESTRAYS Owners of strayed animals may enter pasture of another to seek for same. Owner of strayed animals to notify owner of pasture of intention to enter. Duty of owner of pasture to facilitate entry. Refusing entrance to pasture to seek strayed domestic animals Owners of strayed animals may enter pasture of another to seek for same.-lt shall be lawful for the owner or owners of any cattle or other domestic animals or the agent or agents of said owners to enter the pasture of another for the sole purpose of seeking and recovering any cattle or other domestic animals that may have strayed or broken into, or which may have been driven into, such inclosure, inadvertently or otherwise and to drive from such inclosure any cattle or other domestic animals belonging to such owners or under the control of such agent or agents so entering. Hlstory.-s. 1, ch. 5417, 1905; RGS 3928; CGL Owner of strayed animals to notify owner of pasture of intention to enter.-the owners of any cattle or other domestic animals or their agent or agents, desiring to enter any pasture of another for the purpose as set forth ins , shall notify the owner or owners or their agent or agents of the time and place they desire to enter such pasture for the purposes set forth in said section. Such notice may be given verbally or in writing. Hlatory.-s. 2, ch. 5417, 1905; RGS 3929; CGL Duty of owner of pasture to facilitate entry. -The owner or owners, their agent or agents shall facilitate the entering into any pasture owned by them or con trolled by their agent or agents when request is made by any party or parties entitled to the benefits of s , the request to be made according to s Hlatory.-s. 3, ch. 5417, 1905; RGS 3930; CGL Refusing entrance to pasture to seek strayed domestic animals.-any person or owner of any pasture, who refuses to allow entrance or who hinders any owner or owners of cattle or other domestic animals, or their agent or agents, who have complied with s , either by their own acts or the acts of their agent or agents, shall be guilty of a misdemeanor of the second degree, punishable as provided in s or s Provided, that this section shall not apply to any county having no-fence districts. Hlatory.-ss. 1, 4, ch. 5417, 1905; RGS 5238; CGL 7357; s. 686, ch

8 Ch. 708 MARRIED WOMEN'S PROPERTY F.S CHAPTER 708 MARRIED WOMEN'S PROPERTY Husband not liable for antenuptial debts of wife. Married women's rights; separate property. Married women's rights; agreements with husband, power of attorney, etc. Married women's rights; construction of law Husband not liable for antenuptial debts of wife.-the husband shall not be liable to pay the debts of the wife contracted before marriage, but the property of the wife shall be subject to such debts. History.-s. 5, March 6, 1845; AS 2073; GS 2591 ; RGS 3950; CGL Married women's rights; separate property. ( 1) Every married woman is empowered to take charge of and manage and control her separate property, to contract and to be contracted with, to sue and be sued, to sell, convey, transfer, mortgage, use, and pledge her real and personal property and to make, execute, and deliver instruments of every character without the joinder or consent of her husband in all respects as fully as if she were unmarried. Every married woman has and may exercise all rights and powers with respect to her separate property, income, and earnings and may enter into, obligate herself to perform, and enforce contracts or undertakings to the same extent and in like manner as if she were unmarried and without the joinder or consent of her husband. All conveyances, contracts, transfers, or mortgages of real property or any interest in it executed by a married woman without the joinder of her husband before or after the effective date of the 1968 Constitution of Florida are as valid and effective as though the husband had joined. (2) Any married woman who conveyed or mortgaged her separate real property without the joinder of her husband before the effective date of the 1968 State Constitution, and any person claiming by, through, or under her, shall have 2 years after June 2, 1983, to file a notice of lis pendens and to bring an action based on the nonjoinder of the husband contesting the validity of any such conveyance or mortgage; and, if the action is not brought and a notice of lis pendens is not filed within the time allowed, she, and any person claiming by, through, or under her, shall be forever barred from bringing an action to contest the validity of the conveyance or mortgage. This subsection shall not be construed to revive any action that has been barred. Hlatory.-s. 1, ch , 1943; s. 2, ch. 70-4; s. 1, ch cf.-ss et seq. Conveyances of real property. s Conveyance between husband and wife. s Dower and curtesy abolished Married women's rights; agreements with husband, power of attorney, etc.-every married woman may enter into agreements and contracts with her husband, may become the partner of her husband or others, may give a power of attorney to her husband, and may execute powers conferred upon her by her husband, including the power to execute and acknowledge all instruments, including relinquishments of dower, conveying, transferring, or encumbering property, or any interest in it, owned by her, or by herself and her husband as tenants by the entirety, or by her husband. All powers of attorney heretofore executed by a wife to her husband and vice versa, and the execution of all documents executed thereunder, are hereby validated and confirmed. Hlatory.-s. 1, ch , and s. 2, ch , 1943; s. 3, ch cf.-s Dower and curtesy abolished Married women's rights; construction of law.-this law shall not be construed as: (1) Relieving a husband from any duty of supporting and maintaining his wife and children; (2) Abolishing estates by the entireties or any of the incidents thereof; (3) Abolishing dower or any of the incidents thereof; (4) Changing the rights of either husband or wife to participate in the distribution of the estate of the other upon his death, as may now or hereafter be provided by law; (5) Dispensing with the joinder of husband and wife in conveying or mortgaging homestead property. Hlatory.-s. 3, ch , cf.-s Dower and curtesy abolished. 1158

9 F.S POWERS OF ATIORNEY AND SIMILAR INSTRUMENTS Ch CHAPTER 709 POWERS OF ATIORNEY AND SIMILAR INSTRUMENTS Power of attorney; authority of nominee when principal dead. Power of attorney; authority of agent when principal listed as missing. Power of appointment; method of release. Power of appointment; property held in trust. Power of appointment; effect of release. Powers of appointment; validation of prior releases. Powers of appointment included in law. Power of appointment; effect of release on title to property. Durable family power of attorney Power of attorney; authority of nominee when principal dead.-lf any agent, constituted by power of attorney or other authority, shall do any act for his principal which would be lawful if such principal were living, the same shall be valid and binding on the estate of said principal, although he or she may have died before such act was done; provided, the party treating with such agent dealt bona fide, not knowing at the time of the doing of such act that such principal was dead. An affidavit, executed by the attorney in fact or agent setting forth that he has not or had not, at the time of doing any act pursuant to the power of attorney, received actual knowledge or actual notice of the death of the principal, or notice of any facts indicating his death, shall in the absence of fraud be conclusive proof of the absence of knowledge or notice by the agent of the death of the principal at such time. If the exercise of the power requires the execution and delivery of any instrument which is recordable under the laws of this state, such affidavit shall likewise be recordable. No report or listing, either official or otherwise, of "missing" or "missing in action" regarding any person in connection with any activity pertaining to or connected with the prosecution of any hostilities in which the United States is then engaged, as such words "missing" or "missing in action" are used in military parlance, shall constitute or be interpreted as constituting actual knowledge or actual notice of the death of such principal, or notice of any facts indicating the death of such person, or shall operate to revoke the agency. Hlstory.- s. 1, ch , 1945; s. 1, ch Power of attorney; authority of agent when principal listed as missing.- ( 1) The acts of an agent under a power of attorney or other authority shall be as valid and as binding on the principal or his estate as if the principal were alive and competent if, in connection with any activity pertaining to hostilities in which the United States is then engaged, the principal is officially listed or reported by a branch of the United States Armed Forces in a missing status as defined in 37 U.S.C. s. 551 or 5 U.S.C. s. 5561, regardless of whether the principal is then dead, alive, or incompetent. (2) If the exercise of the power of attorney requires the execution and delivery of a recordable instrument, 1159 the power of attorney shall be executed with the same formalities as required of the instrument itself and recorded pursuant to the laws of Florida. (3) Upon request of the person dealing with the agent, the agent shall make an affidavit that he has. n~t received notice, and has no knowledge, that the pnnclpal is incompetent. In the absence of fraud, the affidavit shall be conclusively presumed to establish the agent's lack of notice or knowledge of the principal's incompetence. (4) Homestead property held as tenants by the entireties shall not be conveyed by a power of attorney regulated by this section until 1 year following the first official report or listing of the principal as missing or missing in action. An affidavit of an officer of the armed forces having maintenance and control of the records pertai~ing to those missing or missing in action that the pnnclpal has been in that status for a given period shall be a conclusive presumption of that fact. (5) This section applies to powers of attorney heretofore and hereafter executed. Hlstory.- s. 1, ch Power of appointment; method of release. -Powers of appointment over any property, real, personal, intangible or mixed, may be released, in whole or in part, by a written instrument signed by the donee or donees of such powers. Such written releases shall be signed in the presence of two witnesses but need not be sealed, acknowledged or recorded in order to be valid, nor shall it be necessary to the validity of such releases for husbands of married donees to join such donees in the execution of releases, in whole or part, of powers of appointment. Hlstory.-s. 1, ch , Power of appointment; property held in trust. -If property subject to a power of appointment is held in trust by a person, firm or corporation other than the donee or donees of the power, a written release, in whole or in part, of a power to appoint the same shall be delivered to such trustee or trustees before the written release becomes legally effective. In no other instance shall a delivery of a release, in whole or in part, of a power of appointment be necessary to the validity of such release. Hlstory.-s. 2, ch , Power of appointment; effect of release. Any power of appointment wholly released by a written instrument signed by the donee or donees of such power shall be, in legal effect, completely revoked, and shall not, after such release, be subject to being exercised in any manner whatsoever. Any power of appointment partially released by a written instrument signed by the donee or donees of such power shall be, in legal effect, as to such released part, completely revoked, and shall not after such release be subject to being exercised in any manner whatsoever as to such released part. Hlstory.-s. 3, ch , 1945.

10 Ch. 709 POWERS OF ATTORNEY AND SIMILAR INSTRUMENTS F.S Powers of appointment; validation of prior releases.-aii releases, in whole or in part, of powers of appointment heretofore executed in a manner that conforms with the provisions of this law be and they are hereby validated and shall be given the same force and effect as if executed subsequently to the effective date of this law. History.- -s. 4, ch , Powers of appointment included in law. Powers of appointment referred to in this law shall include not only those recognized as such by general law but also those designated as such under the Tax Law of the United States. Hlatory.-s. 5, ch , Power of appointment; effect of release on title to property.-no such release, in whole or in part, of a power of appointment shall affect the title to property of any bona fide purchaser for value who does not have notice or knowledge of such release. Hlatory.-s. 7, ch , Durable family power of attorney.- (1) A principal may create a durable family power of attorney designating his spouse, parent, child, whether natural or adopted, brother, sister, niece, or nephew his attorney-in-fact by executing a power of attorney. Such power of attorney shall be in writing, shall state the relationship of the parties, and shall include the words, "This durable family power of attorney shall not be affected by disability of the principal except as provided by statute" or similar words clearly showing the intent of the principal that the power conferred on the attorney-in-fact shall be exercisable from the date specified in the instrument, notwithstanding a later disability or incapacity of the principal, unless otherwise provided by statute. All acts done by the attorney-in-fact pursuant to the power conferred during any period of disability or incompetence shall have the same effect, and inure to the benefit of and bind the principal or his heirs, devisees, and personal representatives, as if the principal were competent and not disabled. (2) The durable family power of attorney shall be nondelegable and shall be valid until such time as the donor shall die, revoke the power, or be adjudged incompetent. At any time a petition to determine competency of the donor or a petition to appoint a guardian for the donor has been filed, the durable family power of attorney shall be temporarily suspended. Notice of the pending petition shall be given to all known donees of the power. The power shall remain suspended until the petition is dismissed or withdrawn, or the donor is adjudged competent, at which time the power shall be automatically reinstated and any exercise of the power shall be valid. If the donor is adjudged incompetent, the power shall be automatically revoked. (3) Property subject to the durable family power of attorney shall include all real and personal property owned by the donor, the donor's interest in all property held in joint tenancy, the donor's interest in all nonhomestead property held in tenancy by the entirety, and all property over which the donor holds a power of appointment. Nothing in this section shall permit the donee of a durable family power of attorney, when the donor is married, to mortgage or convey homestead property without the joinder of the spouse or the spouse's legal guardian, but the joinder may be accomplished through the exercise of a power of attorney. (4) Whenever an emergency arises between the time a petition is filed and an adjudication is made regarding the competency of the donor, the donee of the durable family power of attorney may petition the court for permission to exercise the power. The petition shall specify the emergency, the property involved, and the proposed action of the donee. No exercise of the power by the donee during this time period shall be valid without the permission of the court. Hlatory.-s. 1, ch ; s. 1, ch ; s. 1, ch

11 F.S TRANSFERS TO MINORS Ch Short title. Definitions. Scope and jurisdiction. Nomination of custodian. Transfer by gift or exercise of power of appointment. Transfer authorized by will or trust. Other transfer by fiduciary. Transfer by obligor. Receipt for custodial property. Manner of creating custodial property and effecting transfer; designation of initial custodian; control. Single custodianship. Validity and effect of transfer. Care of custodial property. Powers of custodian. Use of custodial property. Custodian's expenses, compensation, and bond. Exemption of third person from liability. Liability to third persons. Renunciation, resignation, death, or removal of custodian; designation of successor custodian. Accounting by and determination of liability of custodian. Termination of custodianship. Applicability. Effect on existing custodianships. Uniformity of application and construction Short title.-this act may be cited as the "Florida Uniform Transfers to Minors Act." Hiatory.-s. 1, ch Definitions.-ln this act: (1) "Adult" means an individual who has attained the age of 21 years. (2) "Benefit plan" means an employer's plan for the benefit of an employee or partner. (3) "Broker" means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others. (4) "Conservator" means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions. (5) "Court" means the circuit court. (6) "Custodial property" means any interest in property transferred to a custodian under this act and the income from and proceeds of that interest in property. (7) "Custodian" means a person so designated under s or a successor or substitute custodian designated under s (8) "Financial institution" means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law. CHAPTER 710 TRANSFERS TO MINORS 1161 (9) "Legal representative" means an individual's personal representative or conservator. (10) "Member of the minor's family" means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption. (11) "Minor" means an individual who has not attained the age of 21 years. (12) "Person" means an individual, corporation, organization, or other legal entity. (13) "Personal representative" means an executor, administrator, successor personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions. (14) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. (15) "Transfer" means a transaction that creates custodial property under s (16) "Transferor" means a person who makes a transfer under this act. (17) "Trust company" means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers. Hlatory.-s. 1, ch Scope and jurisdiction.- ( 1) This act applies to a transfer that refers to this act in the designation under s (1) by which the transfer is made if at the time of the transfer, the transferor, the minor, or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to this act despite a subsequent change in residence of a transferor, the minor, or the custodian, or the removal of custodial property from this state. (2) A person designated as custodian under this act is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship. (3) A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act, of another state is governed by the law of the designated state and may be executed and is enforceable in this state if, at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state. Hlatory.-s. 1, ch Nomination of custodian.- (1) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: "as custodian for!name ot mi []Q[]_ under the Florida Uniform Transfers to Minors Act."