Florida Statutes
Fla. Stat. § 28.213 (2025)
Disposal of physical evidence filed as exhibits.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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28.213 Disposal of physical evidence filed as exhibits.—The clerk of any circuit court or county court may dispose of items of physical evidence which have been held as exhibits in excess of 3 years in cases on which no appeal, or collateral attack, is pending or can be made. Items of evidence having no monetary value which are designated by the clerk for removal shall be disposed of as unusable refuse. Items of evidence having a monetary value which are designated for removal by the clerk shall be sold and the revenue placed in the clerk’s general revenue fund.
Note.—Former s. 43.195.
Notes of Decisions
Cited in 3
cases, 2005–2012 · leading case: Waterhouse v. State, 82 So. 3d 84 (Fla. 2012).
Waterhouse v. State, 82 So. 3d 84 (Fla. 2012). “In 2003, this *90 statute was renumbered as section 28.213. See ch. 2003-402, § 26, Laws of Fla.”
Chestnut v. State, 900 So. 2d 624 (Fla. 4th DCA 2005). “2nd DCA 2004), Fla. Stat. § 28.213 . GUNTHER, GROSS and TAYLOR, JJ.”
Webber v. State, 931 So. 2d 169 (Fla. 5th DCA 2006). “Having carefully reviewed the record before us, as well as the provisions of section 28.213, Florida Statutes (2005), we conclude that the trial court was correct in its ruling and affirm.”
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