Sec. 670.108. - Procedure for disposition of abandoned property.
(a) Return of Sheriff. When abandoned property is found by the Sheriff pursuant to the provisions of Section 670.104, the Sheriff shall fix the approximate value thereof and make a return thereof to the General Counsel. The return shall:
(1) Contain a description of the abandoned property.
(2) Give in detail the facts and circumstances under which it was found.
(3) State in full the reason why the Sheriff knew or was led to believe that the described property is abandoned property.
(4) Shall list all individuals, partnerships, corporations and unincorporated organizations known to the Sheriff to be interested in the abandoned property.
If the Sheriff has served a notice of abandoned property pursuant to Section 670.104(a)(1).
(b) Proceedings for disposition.
(1) Petition for disposition; citation.
(i) Upon receipt of the Sheriff's return, and if the abandoned property has not been removed or disposed of within ten days after the date of a removal notice so that it no longer is abandoned property or a hearing examiner has found the property to be abandoned property and the person responsible therefor has not removed it, the General Counsel shall file with the appropriate court a petition for disposition of the abandoned property. The proceedings and any judgment of abandonment shall be in rem and primarily against the abandoned property itself. Upon the filing of the petition, the Clerk shall issue a citation, directed to all persons owning, having or claiming an interest in or a lien upon the abandoned property to file their claim to, on or in the property within the time fixed in the citation, as to persons not personally served, and within 20 days from personal service of the citation where personal service is held. Personal service shall be made on all persons in Florida, listed on the Sheriff's return, in accordance with the Florida Rules of Civil Procedure and the laws of the State. The citation shall be in substantially the following form:
IN THE [name of court]
IN RE DISPOSITION OF THE FOLLOWING DESCRIBED PROPERTY:
[here describe abandoned property]
The City of Jacksonville to:
[here list the individuals, partnerships, corporations and unincorporated organizations listed on the Sheriff's return] AND TO ALL PERSONS, FIRMS AND CORPORATIONS OWNING, HAVING OR CLAIMING AN INTEREST IN OR LIEN ON THE ABOVE DESCRIBED PROPERTY.
YOU AND EACH OF YOU is hereby notified that the above-described property appears to be abandoned property under and by virtue of Chapter 670, Ordinance Code, and you and each of you is hereby further notified that a petition under this Chapter has been filed in [name of court] seeking the disposition of the such property. You are hereby directed and required to file your claim, if any you have, and show cause on or before ________, 19___, if not personally served with process herein, and within 20 days from service, if personally served with process herein, why the such property should not be disposed of pursuant to Chapter 670, Ordinance Code. Should you fail to file claim as herein directed, judgment of abandonment will be entered against you herein in due course. Persons not personally served with process may obtain a copy of the petition for disposition filed herein from the undersigned Clerk of Court.
WITNESS my hand and seal of the above-mentioned court, at Jacksonville, Florida this ________, 19___.
_____
[Clerk of the court]
(Court Seal)
By _____
(Deputy Clerk)
(ii) The citation shall be returnable, as to persons served constructively, not less than 30 days from the posting or publication thereof and, as to persons personally served, within 20 days from service thereof.
(iii) If the value of the abandoned property is shown by the Sheriff's return to have an approximate value of $400 or less, the citation shall be constructively served by posting at three public places in the City, one of which shall be the front door of the Duval County Courthouse. If the value of the abandoned property is shown by the Sheriff's return to have an approximate value of more than $400, the citation shall be published once a week for three consecutive weeks as provided in F.S. Ch. 50. Failure of the record of the proceeding to show proof of such publication shall not affect any judgment made therein unless it shall affirmatively appear that no such publication was made.
(2) Delivery of property to claimant. A person filing a claim in the action, which claim shall state fully his right, title, claim or interest in and to the abandoned property, may, at any time after the claim is filed with the Clerk of the court, obtain possession of the abandoned property by filing a request therefor with the Sheriff and posting with him a surety bond, to be approved by the Office of General Counsel, payable to the City in the amount of the value of the property as fixed on the Sheriff's return, with a corporate surety duly authorized to transact business in the State as a surety, conditioned upon his paying to the City the costs of the proceedings if an order of dismissal or judgment of abandonment is entered by the court. Upon the posting of the bond with the Sheriff and, if the property was stored by the Sheriff under Section 670.107, upon the release of the property to the applicant, the action shall proceed to final judgment as if no bond had been filed, except that an execution to be issued pursuant to a final judgment of abandonment may run and be enforced against the person posting the bond and his surety.
(3) Judgment of abandonment. On final hearing the Sheriff's return shall be taken as prima facie evidence that the described property was abandoned property and shall be sufficient predicate for a judgment of abandonment in the absence of other proofs and evidence. Where the abandoned property is encumbered by a lien or retained-title agreement, the court may:
(i) Return the abandoned property to the lienholder with sufficient assurances that the property will not be allowed to become abandoned property, to the extent that the lienholder can give these assurances.
(ii) Direct the payment of the lien from the proceeds of a sale of the abandoned property.
Upon the entry of a judgment of abandonment, the court shall determine the disposition to be made of the abandoned property. A sale of the abandoned property shall be at public sale to the highest and best bidder for cash after two weeks' public notice has been given as the court directs. Where the abandoned property has been delivered to a claimant as provided in subsection (b)(2) of this Section, the court shall determine the costs of the proceedings, including storage charges under Section 670.107, and shall enter judgment against the principal and surety of the bond in this amount, for which execution shall issue in the usual manner. Upon the application of a claimant, the court may fix the value of the disposable interest or interests in the abandoned property and permit the claimant to redeem the property upon the payment of a sum equal to the value of the disposable interest or interests, which sum shall be disposed of as would the proceeds of a sale of the property under a judgment of abandonment. Where the abandoned property is of no value or of insufficient value to pay the costs of the proceedings, including storage charges under Section 670.107, the court may impose a lien upon the private property where the abandoned property was found by the Sheriff in the amount of the costs, or so much as remain unsatisfied, and the lien may be foreclosed as other liens upon real property.
(c) Disposition of proceeds. Moneys received from the sale or other disposition of abandoned property shall be paid into the General Fund—General Services District as miscellaneous receipts.
(Ord. 79-265-103, § 1; Ord. 83-591-400, § 1)
