Florida/Georgia Personal Injury & Workers Compensation

...not belong to Mooney. The affidavit was signed on December 8, 1991, but this was the first time Plaintiff presented it to anyone involved in this matter. 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)....

...943.10(1)"); § 394.455(16), Fla. Stat. (2002) (defining "law enforcement officer" as "a law enforcement officer as defined in s. 943.10"); § 403.413(2)(c), Fla. Stat. (2002) (defining "law enforcement officer"); § 539.001(2)(b) (defining appropriate law enforcement official); § 705.101(4), Fla....

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

...able 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(1). Fla. Stat. § 705.101 (2), (3) (emphasis added)....

...able 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(1). Fla. Stat. § 705.101 (2), (3) (emphasis added)....

...If the court again summarily denies the motion, it must attach portions of the record that refute Holmes' contention that the property should be returned. See id. at 782; see also White v. State, 926 So.2d 473, 474 (Fla. 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 evidence."); Gonzalez v....

...The analysis, though, of this procedural timing issue is informed, if not governed, by section 705.105(1) of the Florida Statutes.6 This substantive statute vests title to “unclaimed evidence” in the law enforcement agency “60 days after the conclusion of the proceeding.” Section 705.101(6) of the Florida Statutes defines “unclaimed evidence” in relevant part as “any tangible personal property . . . which . . . 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.” § 705.101(6), Fla....

...c. Appointment of Counsel/Notification of the Department 7 We express no opinion as to whether such a motion constitutes a “claim of ownership” to the seized property so that the property would not be “unclaimed evidence,” as defined in section 705.101(6) of the Florida Statutes. 8We express no opinion as to whether allegations in Watkins’s December 2015 motion would relate back to either of Watkins’s prior motions. 9  We rec...

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

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

...ct appeal of a defendant's judgment and sentence." Davis v. State , 198 So. 3d 1070 , 1072 (Fla. 5th DCA 2016) (citations omitted). Section 705.105 applies where the seized property is " intended for use in a criminal or quasi-criminal proceeding ." § 705.101(6), Fla....

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

...return of unclaimed evidence, § 705.105, by that statute's very terms, which defines "unclaimed evidence" as "any tangible personal property, including cash, not included within the definition of `contraband article,' as provided in s. 932.701(2)." § 705.101(6) (emphasis added)....

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

...The state agrees that this same logic applies to time for claiming evidence under Chapter 705, which provides that the sixty-day time period begins to run “after the conclusion of the proceeding” under section 705.105(1), Florida Statutes (2013), or “after final disposition of the proceeding” under section 705.101(6), Florida Statutes (2013)....

...vail. Sincerely, Robert A. Butterworth Attorney General RAB/tls 1 Section 705.103 (2), F.S., prescribes the form of the notice and directs the law enforcement officer to make a reasonable effort to ascertain the name and address of the owner. 2 See, s. 705.101 (3), F.S., which also excludes from the definition vessels determined to be derelict by the Department of Natural Resources or a county or municipality in accordance with the provisions of s. 823.11 , F.S 3 See, s. 705.101 (2), F.S....

...t to Ch. 705 , F.S. And see, s. 705.18 , F.S., governing the disposal of personal property lost or abandoned on university or community college campuses, with the proceeds from such sales dedicated solely for student scholarship and loan purposes. 5 Section 705.101 (5), F.S....

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

...5 Section 274.04 , Fla. Stat. 6 Section 274.05 , Fla. Stat. 7 Compare , s. 197.542 (1), Fla. Stat., requiring that lands advertised for sale to the highest bidder under s. 197.502 , Fla. Stat., shall be sold at specified times and places "at public outcry." 8 Section 705.101 (1), Fla. Stat., defines "[l]ocal government" to mean "the board of county commissioners of a county or the commission or council of any municipality in the county." "Lost property" is defined in s. 705.101 (2), Fla....

...es 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." The definition of "[a]bandoned property" is contained in s. 705.101 (3), Fla....