Florida Statute 705.101 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 705.101

Total Results: 17

Adams v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-05-10

Citation: 273 So. 3d 195

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

Adams v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-05-10

Citation: 273 So. 3d 195

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

Watkins v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-10-18

Citation: 230 So. 3d 1244

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

Roberto Alberto Cepero v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2015-08-12

Citation: 174 So. 3d 469, 2015 Fla. App. LEXIS 11962

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

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Court: Florida Attorney General Reports | Date Filed: 2010-04-22

Snippet: well as counties and municipalities. Compare ss. 705.101(1) and 380.503(3), Fla. Stat., which define the

Holmes v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-12-17

Citation: 997 So. 2d 1184, 2008 WL 5233709

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

Shuler v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-06-27

Citation: 984 So. 2d 1274, 2008 WL 2550743

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

Ward v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-09-19

Citation: 965 So. 2d 308, 2007 WL 2710748

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

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Court: Florida Attorney General Reports | Date Filed: 2006-05-05

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

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Court: Florida Attorney General Reports | Date Filed: 2004-04-30

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

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Court: Florida Attorney General Reports | Date Filed: 1996-09-05

Snippet: marks be recorded. 9 Section 705.101(2), Fla. Stat. (1995). 10 Section 705.101(5), Fla. Stat. (1995). 11

Strickland v. Thelman

Court: District Court of Appeal of Florida | Date Filed: 1995-12-01

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

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

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Court: Florida Attorney General Reports | Date Filed: 1993-04-09

Snippet: ascertain the name and address of the owner. 2 See, s. 705.101(3), F.S., which also excludes from the definition

State v. Thomas

Court: District Court of Appeal of Florida | Date Filed: 1992-08-28

Citation: 603 So. 2d 1382, 1992 WL 206355

Snippet: while a proper search is conducted." 452 U.S. at 705, 101 S.Ct. at 2595. The court stated that ... [i]n

Belvin v. State

Court: District Court of Appeal of Florida | Date Filed: 1991-09-11

Citation: 585 So. 2d 1103, 1991 WL 178166

Snippet: constitutionally permissible. 452 U.S. at 704, 705, 101 S.Ct. at 2595, 2596 (footnotes omitted). Our analysis

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Court: Florida Attorney General Reports | Date Filed: 1988-07-13

Snippet: 104, F.S. 14 Section 705.105, F.S. 15 Section 705.101(4), F.S., defines a "[l]aw enforcement officer"

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Court: Florida Attorney General Reports | Date Filed: 1988-04-04

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