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Florida Statute 705.101 - Full Text and Legal Analysis
Florida Statute 705.101 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY
Chapter 705
LOST OR ABANDONED PROPERTY
View Entire Chapter
F.S. 705.101
705.101 Definitions.As used in this chapter:
(1) “Abandoned property” means all tangible personal property that does not have an identifiable owner and that has been disposed on public property in a wrecked, inoperative, or partially dismantled condition or has no apparent intrinsic value to the rightful owner. The term includes derelict vessels as defined in s. 823.11 and vessels declared a public nuisance pursuant to s. 327.73(1)(aa).
(2) “Law enforcement officer” means any person who is elected, appointed, or employed full time by any sheriff, any municipality, or the state or any political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. This definition includes all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time law enforcement officers or auxiliary law enforcement officers but does not include support personnel employed by the employing agency.
(3) “Local government” means the board of county commissioners of a county or the commission or council of any municipality in the county.
(4) “Lost property” means all tangible personal property which does not have an identifiable owner and which has been mislaid on public property, upon a public conveyance, on premises used at the time for business purposes, or in parks, places of amusement, public recreation areas, or other places open to the public in a substantially operable, functioning condition or which has an apparent intrinsic value to the rightful owner.
(5) “Public property” 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.
(6) “Unclaimed evidence” means any tangible personal property, including cash, not included within the definition of “contraband article,” as provided in s. 932.701(2), which was seized by a law enforcement agency, was intended for use in a criminal or quasi-criminal proceeding, and is retained by the law enforcement agency or the clerk of the county or circuit court for 60 days after the final disposition of the proceeding and to which no claim of ownership has been made.
History.s. 1, ch. 87-82; s. 15, ch. 89-268; s. 470, ch. 94-356; s. 70, ch. 99-248; s. 28, ch. 2000-197; s. 35, ch. 2002-46; s. 5, ch. 2004-39; s. 30, ch. 2004-344; s. 9, ch. 2006-309; s. 5, ch. 2014-143; s. 10, ch. 2022-142; s. 118, ch. 2023-8; s. 11, ch. 2025-147.

F.S. 705.101 on Google Scholar

F.S. 705.101 on CourtListener

Amendments to 705.101


Annotations, Discussions, Cases:

Cases Citing Statute 705.101

Total Results: 17

Pontier v. City of Clearwater, Fla.

881 F. Supp. 1565, 1995 U.S. Dist. LEXIS 5000, 1995 WL 224783

District Court, M.D. Florida | Filed: Apr 13, 1995 | Docket: 845747

Cited 8 times | Published

money as "unclaimed evidence" under Fla.Stat.Ann. § 705.101(6) (Title to unclaimed evidence vests in the seizing

Ward v. State

965 So. 2d 308, 2007 WL 2710748

District Court of Appeal of Florida | Filed: Sep 19, 2007 | Docket: 1508986

Cited 2 times | Published

(defining appropriate law enforcement official); § 705.101(4), Fla. Stat. (2002) (defining "law enforcement

Holmes v. State

997 So. 2d 1184, 2008 WL 5233709

District Court of Appeal of Florida | Filed: Dec 17, 2008 | Docket: 2581531

Cited 1 times | Published

for return of property as untimely under [section 705.101(1) of the Florida Statutes], the court is obliged

Strickland v. Thelman

665 So. 2d 284, 1995 Fla. App. LEXIS 12458, 1995 WL 703633

District Court of Appeal of Florida | Filed: Dec 1, 1995 | Docket: 64761035

Cited 1 times | Published

quasi-criminal proceeding” as required by section 705.101(6). Indeed, the Evidence Section of the Sheriffs

Adams v. State

273 So. 3d 195

District Court of Appeal of Florida | Filed: May 10, 2019 | Docket: 64716074

Published

in a criminal or quasi-criminal proceeding ." § 705.101(6), Fla. Stat. (2010) (emphasis added). Section

Adams v. State

273 So. 3d 195

District Court of Appeal of Florida | Filed: May 10, 2019 | Docket: 64716073

Published

in a criminal or quasi-criminal proceeding ." § 705.101(6), Fla. Stat. (2010) (emphasis added). Section

Watkins v. State

230 So. 3d 1244

District Court of Appeal of Florida | Filed: Oct 18, 2017 | Docket: 6171781

Published

days after the conclusion of the proceeding.” Section 705.101(6) of the Florida Statutes defines “unclaimed

Roberto Alberto Cepero v. State of Florida

174 So. 3d 469, 2015 Fla. App. LEXIS 11962, 2015 WL 4750702

District Court of Appeal of Florida | Filed: Aug 12, 2015 | Docket: 2683566

Published

final disposition of the proceeding” under section 705.101(6), Florida Statutes (2013). We agree with

Hoefling v. City of Miami

17 F. Supp. 3d 1227, 2014 WL 1778963, 2014 U.S. Dist. LEXIS 62883

District Court, S.D. Florida | Filed: May 6, 2014 | Docket: 64294780

Published

vessels as defined in s. 823.11(1). Fla. Stat. § 705.101(2), (3) (emphasis added). In the May 27, 2010

Hoefling v. City of Miami

876 F. Supp. 2d 1321, 2012 U.S. Dist. LEXIS 99281, 2012 WL 2872762

District Court, S.D. Florida | Filed: Jul 13, 2012 | Docket: 65983107

Published

vessels as defined in s. 823.11(1). Fla. Stat. § 705.101(2), (3) (emphasis added). In the May 27, 2010

Shuler v. State

984 So. 2d 1274, 2008 WL 2550743

District Court of Appeal of Florida | Filed: Jun 27, 2008 | Docket: 1289387

Published

`contraband article,' as provided in s. 932.701(2)." § 705.101(6) (emphasis added). Thus, without a factual determination

Ago

Florida Attorney General Reports | Filed: May 5, 2006 | Docket: 3258084

Published

removal, storage, and publication of notice.5 Section 705.101(3), Florida Statutes, defines "Abandoned property"

Ago

Florida Attorney General Reports | Filed: Apr 30, 2004 | Docket: 3257154

Published

specified times and places "at public outcry." 8 Section 705.101(1), Fla. Stat., defines "[l]ocal government"

Ago

Florida Attorney General Reports | Filed: Sep 5, 1996 | Docket: 3256297

Published

marks be recorded. 9 Section 705.101(2), Fla. Stat. (1995). 10 Section 705.101(5), Fla. Stat. (1995)

Ago

Florida Attorney General Reports | Filed: Apr 9, 1993 | Docket: 3258106

Published

for student scholarship and loan purposes. 5 Section 705.101(5), F.S. 6 Cf., s. 717.116, F.S., stating that

Ago

Florida Attorney General Reports | Filed: Jul 13, 1988 | Docket: 3256042

Published

705.104, F.S. 14 Section 705.105, F.S. 15 Section 705.101(4), F.S., defines a "[l]aw enforcement officer"

Ago

Florida Attorney General Reports | Filed: Apr 4, 1988 | Docket: 3257836

Published

Robert A. Butterworth Attorney General (ls) 1 Section 705.101(3), F.S., defines "[a]bandoned property" as