(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 property 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.
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The article revolves around the legal obligations and consequences associated with finding lost or abandoned property. Let's break down the key concepts:
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Duty to Report: The first provision establishes a duty for any person who discovers lost or abandoned property to report the description and location of the property to a law enforcement officer. This indicates a societal interest in the proper handling of such property and the need for official documentation.
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Claiming the Property: The second provision outlines the process after the report is made. The law enforcement officer must determine if the person reporting the property wishes to make a claim. If so, the individual must deposit a reasonable sum with the law enforcement agency. This sum is intended to cover costs related to transportation, storage, and the publication of notice. Importantly, it is stated that this sum will be reimbursed to the finder by the rightful owner if they identify and reclaim the property.
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Prohibition of Unlawful Appropriation: The third provision makes it unlawful for any person who finds lost or abandoned property to use it for their own purposes or to refuse to deliver it when required. This emphasizes the importance of respecting the legal process and not taking advantage of found property for personal gain.
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Theft Consequences: The fourth provision outlines the legal consequences for those who unlawfully appropriate lost or abandoned property or refuse to deliver it when required. Such actions are classified as theft, as defined in a specific section (s. 812.014). The punishment for theft is then specified, referring to the applicable sections (s. 775.082, s. 775.083, or s. 775.084).
In essence, these provisions create a legal framework to ensure that found property is properly reported, handled, and returned to its rightful owner, discouraging any unlawful appropriation and imposing penalties for non-compliance. If you have any specific questions or need further clarification on these legal principles, feel free to ask.
