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Fla. Stat. § 705.101 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 11 cases, 1995–2019 · leading case: Watkins v. State, 230 So. 3d 1244 (Fla. 3d DCA 2017).
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Watkins v. State, 230 So. 3d 1244 (Fla. 3d DCA 2017). · cites it 4× “” § 705.101(6), Fla. Stat. (2016) (emphasis added).”
Pontier v. City of Clearwater, Fla., 881 F. Supp. 1565 (M.D. Fla. 1995). · cites it 2× “The Detectives contend that they treated the money as “unclaimed evidence” under Fla.Stat.Ann. § 705.101(6) (Title to unclaimed evidence vests in the seizing agency sixty (60) days after the conclusion of the *1568 proceeding if no claim is made to the property).”
Ward v. State, 965 So. 2d 308 (Fla. 3d DCA 2007). · cites it 2× “001(2)(b) (defining appropriate law enforcement official); § 705.101(4), Fla. Stat. (2002) (defining "law enforcement officer"); § 741.”
Hoefling v. City of Miami, 876 F. Supp. 2d 1321 (S.D. Fla. 2012). · cites it 2× “Fla. Stat. § 705.101 (2), (3) (emphasis added).”
Hoefling v. City of Miami, 17 F. Supp. 3d 1227 (S.D. Fla. 2014). · cites it 2× “Fla. Stat. § 705.101 (2), (3) (emphasis added).”
Strickland v. Thelman, 665 So. 2d 284 (Fla. 5th DCA 1995). “Further, there is no indication that the jewelry was ever “intended for use in a criminal or quasi-criminal proceeding” as required by section 705.101(6). Indeed, the Evidence Section of the Sheriffs Department was authorized to dispose of this “evidence” three weeks before the…”
Roberto Alberto Cepero v. State of Florida, 174 So. 3d 469 (Fla. 4th DCA 2015). · cites it 2× “105(1), Florida Statutes (2013), or “after final disposition of the proceeding” under section 705.101(6), Florida Statutes (2013).”
Holmes v. State, 997 So. 2d 1184 (Fla. 3d DCA 2008). “2d DCA 2006) ("[W]hen summarily denying a motion for return of property as untimely under [section 705.101(1) of the Florida Statutes], the court is obliged to attach portions of the record showing that the property was seized pursuant to a lawful investigation or held as…”
Adams v. State, 273 So. 3d 195 (Fla. 5th DCA 2019). · cites it 2× “" § 705.101(6), Fla. Stat. (2010) (emphasis added).”
Adams v. State, 273 So. 3d 195 (Fla. 5th DCA 2019). · cites it 2× “" § 705.101(6), Fla. Stat. (2010) (emphasis added).”
Shuler v. State, 984 So. 2d 1274 (Fla. 2d DCA 2008). “" § 705.101(6) (emphasis added). Thus, without a factual determination that Mr.”
— 705.101(1) — 1 case
Holmes v. State, 997 So. 2d 1184 (Fla. 3d DCA 2008). “2d DCA 2006) ("[W]hen summarily denying a motion for return of property as untimely under [section 705.101(1) of the Florida Statutes], the court is obliged to attach portions of the record showing that the property was seized pursuant to a lawful investigation or held as…”
— 705.101(4) — 1 case
Ward v. State, 965 So. 2d 308 (Fla. 3d DCA 2007). “001(2)(b) (defining appropriate law enforcement official); § 705.101(4), Fla. Stat. (2002) (defining "law enforcement officer"); § 741.”
— 705.101(6) — 7 cases
Watkins v. State, 230 So. 3d 1244 (Fla. 3d DCA 2017). “” § 705.101(6), Fla. Stat. (2016) (emphasis added).”
Pontier v. City of Clearwater, Fla., 881 F. Supp. 1565 (M.D. Fla. 1995). “The Detectives contend that they treated the money as “unclaimed evidence” under Fla.Stat.Ann. § 705.101(6) (Title to unclaimed evidence vests in the seizing agency sixty (60) days after the conclusion of the *1568 proceeding if no claim is made to the property).”
Strickland v. Thelman, 665 So. 2d 284 (Fla. 5th DCA 1995). “Further, there is no indication that the jewelry was ever “intended for use in a criminal or quasi-criminal proceeding” as required by section 705.101(6). Indeed, the Evidence Section of the Sheriffs Department was authorized to dispose of this “evidence” three weeks before the…”
Roberto Alberto Cepero v. State of Florida, 174 So. 3d 469 (Fla. 4th DCA 2015). “105(1), Florida Statutes (2013), or “after final disposition of the proceeding” under section 705.101(6), Florida Statutes (2013).”
Adams v. State, 273 So. 3d 195 (Fla. 5th DCA 2019). “" § 705.101(6), Fla. Stat. (2010) (emphasis added).”
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