Legal Question in Civil Litigation in Florida

Re: Law regarding personal property damage

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RESPONSE: According to AmJUR, "The finder of lost property does not acquire absolute ownership, but acquires such property interest or right as will enable him or her to keep it against all the world but the rightful owner. The finder of lost property holds it as a bailee for the true owner; as to all others, the finder's rights are tantamount to ownership, giving him or her the right to possess and hold the found goods."

Generally, a finder of lost property must, at least, use ordinary care for the preservation of the thing found,[FN1] in the absence of a statute imposing a greater duty.[FN2] I have found no statute in Florida, that imposes any greater duty.

In my opinion, this is not a police matter, therefore the police will more than likely not even get involved. Personally, if it was me I would tell the girl's father, to pay for it himself. I think it's a rotten thing that he reported your daughter or you to the police. I doubt that anyone would sue you civilly for the glasses.

However, according to Florida Jurisprudence 2nd, Whenever any person finds any lost or abandoned property, such person must report the description and location of the property to a law enforcement officer,who must then ascertain whether such person wishes to make a claim to it if the rightful owner cannot be identified or located.

It is unlawful for any person who finds any lost or abandoned property to appropriate it to his or her own use or to refuse to deliver it when required. However, the lost property must be on "Public property" which means lands and improvements owned by the Federal Government, the state, the 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.

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.

Good luck,

Randall