New law would allow theme parks to sell lost items
A bill signed by Gov. Ron DeSantis would allow theme parks, museums, restaurants, hotels and a few other places with heavy public traffic to take possession of lost items and, after 30 days, donate them to charity. The new law, which takes effect July 1, bans these places from selling the items, except for one problem — it would totally allow them to sell the items, at least indirectly.
Currently, when lost or abandoned items are found at these locations, they have to be turned over to police, who then have to hold onto the items for 90 days before selling them, donating them to charity or using them for official business.
“This seems like a good fix for the current system,” said Richard Hornsby, an attorney who has previously dealt with the law in defending a client charged with theft after finding and keeping an abandoned bicycle in the woods. “Who's going to go through all this trouble?”
Under the new law, theme parks, zoos, museums, aquariums, restaurants and hotels would be exempt from the law if they wish. Instead, they would be allowed to hold onto the item for 30 days, and then donate it to charity. The law specifically states that “the owner or operator of the premises may not sell and must dispose of the property or donate it to a charitable institution.”
But an analysis of the law by legislative staff notes that “The bill allows the charitable institution to sell or dispose of donated property.”
Further, the law does not state that the charity that receives lost items from a theme park, museum or other newly exempt location has to be separate from the ownership location.
In other words, an entity that owns a theme park and also operates a 501(c)3 charitable organization could donate lost items to its own charity wing, then sell the items and keep the cash.
“I would like to think that wouldn't happen, but there is that potential that could happen,” said state Rep. Evan Jenne, D-Hollywood, who voted for the bill in the House Commerce Committee and, just like every other lawmaker in the legislature, voted to send the bill to the governor. (The bill passed the House 114-0 and the Senate 38-0.)
“For the most part, I don't think it was the thrust of the bill,” Jenne continued. “I don't think Disney World is looking to create a side business selling lost cell phones — or Sea World, or Busch Gardens. Whomever.” of the exempt