The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 705
LOST OR ABANDONED PROPERTY

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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.

F.S. 705.101 on Google Scholar

F.S. 705.101 on Casetext

Amendments to 705.101

Arrestable Offenses / Crimes under Fla. Stat. 705.101

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 705.101.

Annotations, Discussions, Cases:

Cases from cite.case.law:

L. ADAMS, Jr. v. STATE, 273 So. 3d 195 (Fla. App. Ct. 2019)

. . . ." § 705.101(6), Fla. Stat. (2010) (emphasis added). . . .

WATKINS, v. STATE, 230 So. 3d 1244 (Fla. Dist. Ct. App. 2017)

. . . Section 705.101(6) of the Florida Statutes defines “unclaimed evidence” in relevant part as “any tangible . . . after the final disposition of the proceeding and to which no claim of ownership has been made.” § 705.101 . . . to the seized property so that the property would not be "unclaimed evidence," as defined in section 705.101 . . .

CEPERO, v. STATE, 174 So. 3d 469 (Fla. Dist. Ct. App. 2015)

. . . section 705.105(1), Florida Statutes (2013), or “after final disposition of the proceeding” under section 705.101 . . .

HOEFLING, Jr. v. CITY OF MIAMI,, 17 F. Supp. 3d 1227 (S.D. Fla. 2014)

. . . . § 705.101(2), (3) (emphasis added). . . .

HOEFLING, Jr. v. CITY OF MIAMI,, 876 F. Supp. 2d 1321 (S.D. Fla. 2012)

. . . . § 705.101(2), (3) (emphasis added). . . .

HOLMES, v. STATE, 997 So. 2d 1184 (Fla. Dist. Ct. App. 2008)

. . . 2d DCA 2006) (“[W]hen summarily denying a motion for return of property as untimely under [section 705.101 . . .

SHULER, v. STATE, 984 So. 2d 1274 (Fla. Dist. Ct. App. 2008)

. . . .” § 705.101(6) (emphasis added). Thus, without a factual determination that Mr. . . .

UNITED STATES v. FIVE HUNDRED FORTY- THREE THOUSAND ONE HUNDRED NINETY DOLLARS IN UNITED STATES CURRENCY,, 535 F. Supp. 2d 1238 (M.D. Ala. 2008)

. . . Section 705.101 et seq. of the Florida Statutes prescribes procedures for reporting and settling title . . . To the extent that Florida law requires compliance with § 705.101 et seq. of the Florida Statutes to . . . Ann. § 705.101(2). . . . Ann. § 705.101(2) (emphasis added). . . .

WARD, v. STATE, 965 So. 2d 308 (Fla. Dist. Ct. App. 2007)

. . . defining “law enforcement officer”); § 539.001(2)(b) (defining appropriate law enforcement official); § 705.101 . . .

STRICKLAND, v. THELMAN,, 665 So. 2d 284 (Fla. Dist. Ct. App. 1995)

. . . jewelry was ever “intended for use in a criminal or quasi-criminal proceeding” as required by section 705.101 . . .

S. PONTIER, v. CITY OF CLEARWATER, FLORIDA,, 881 F. Supp. 1565 (M.D. Fla. 1995)

. . . . § 705.101(6) (Title to unclaimed evidence vests in the seizing agency sixty (60) days after the conclusion . . .