Florida Statute 705.105 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 705
LOST OR ABANDONED PROPERTY

View Entire Chapter

F.S. 705.105

705.105 Procedure regarding unclaimed evidence.—

(1) Title to unclaimed evidence or unclaimed tangible personal property lawfully seized pursuant to a lawful investigation in the custody of the court or clerk of the court from a criminal proceeding or seized as evidence by and in the custody of a law enforcement agency shall vest permanently in the law enforcement agency 60 days after the conclusion of the proceeding.

(a) If the property is of appreciable value, the agency may elect to:

1. Retain the property for the agency’s own use;

2. Transfer the property to another unit of state or local government;

3. Donate the property to a charitable organization;

4. Sell the property at public sale, pursuant to the provisions of s. 705.103.

(b) If the property is not of appreciable value, the law enforcement agency may elect to destroy it.

(2) Nothing in this section shall be construed to repeal or supersede the provisions of s. 790.08 relating to the disposition of weapons and firearms.

History.—s. 5, ch. 87-82; s. 5, ch. 90-113; s. 9, ch. 2024-30.

F.S. 705.105 on Google Scholar

F.S. 705.105 on Casetext

Amendments to 705.105

Arrestable Offenses / Crimes under Fla. Stat. 705.105

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 705.105.

Annotations, Discussions, Cases:

Cases Citing Statute 705.105

Total Results: 20

SYDNEY SMITH v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-09-15

Snippet: BOKOR, JJ. PER CURIAM. Affirmed. See § 705.105, Fla. Stat. (2017); Davis v. State, 198 So. 3d

Adams v. State

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

Citation: 273 So. 3d 195

Snippet: responds that Adams's motion is governed by section 705.105(1), Florida Statutes (2010), and that the trial

Adams v. State

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

Citation: 273 So. 3d 195

Snippet: responds that Adams's motion is governed by section 705.105(1), Florida Statutes (2010), and that the trial

Horvatt v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-03-22

Citation: 266 So. 3d 1268

Snippet: untimely filed his motion. We affirm. Section 705.105(1), Florida Statutes (2011), governs the disposition

Horvatt v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-03-22

Citation: 266 So. 3d 1268

Snippet: untimely filed his motion. We affirm. Section 705.105(1), Florida Statutes (2011), governs the disposition

Watkins v. State

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

Citation: 230 So. 3d 1244

Snippet: issue is informed, if not governed, by section 705.105(1) of the Florida Statutes. 6 This substantive

VLADIMIR EUGENE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2017-08-30

Citation: 226 So. 3d 1032, 2017 Fla. App. LEXIS 12476

Snippet: ease, and argued it was untimely under section 705.105(1), Fla. Stat. (2011). That section provides:’

Monestime v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-05-10

Citation: 220 So. 3d 493, 2017 WL 1927728, 2017 Fla. App. LEXIS 6589

Snippet: motion for return Of property pursuant to section 705.105, Florida Statutes (2016). We affirm. Monestime

Miguel A/K/A Angel v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-12-21

Citation: 209 So. 3d 66, 2016 Fla. App. LEXIS 18696

Snippet: properly concedes that the motion was timely. See § 705.105(1), Fla. Stat. (2016) (providing that “[t]itle

Marcos Bonia v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-08-26

Citation: 197 So. 3d 1280, 2016 Fla. App. LEXIS 12888

Snippet: court did not address the applicability of section 705.105, Florida Statutes. See Davis v. State,

Reyneldon J. Davis v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-08-19

Citation: 198 So. 3d 1070, 2016 Fla. App. LEXIS 12578

Snippet: with his criminal prosecution. See § 705.105(1), Fla. Stat. (2012). The motion asserted that

Adams v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-06-29

Citation: 193 So. 3d 1106, 2016 Fla. App. LEXIS 9978, 2016 WL 3549426

Snippet: court treated Adams’ motion as filed under section 705.105(1), Florida Statutes (2015), and denied it as untimely

Rigg v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-03-30

Citation: 190 So. 3d 656, 2016 Fla. App. LEXIS 4877, 2016 WL 1239870

Snippet: PER CURIAM. Affirmed. See § 705.105, Fla. Stat. (2015); Harris v. State, 30 So.3d 674 (Fla. 3d DCA 2010)

Winston R. Wilkins v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2016-01-06

Citation: 182 So. 3d 843, 2016 Fla. App. LEXIS 198

Snippet: pursuant to which the property was lawfully seized. § 705.105(1), Fla. Stat. (2014). “However, when summarily

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

Castleman v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-06-02

Citation: 165 So. 3d 61, 2015 WL 3464095

Snippet: court treated the motion as filed under section 705.105(1), Florida Statutes (2014), and dismissed it as

Bryan K. Castleman v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2015-06-01

Snippet: court treated the motion as filed under section 705.105(1), Florida Statutes (2014), and dismissed it

Scott Arel v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-03-18

Citation: 160 So. 3d 104, 2015 Fla. App. LEXIS 3913, 2015 WL 1213450

Snippet: permitted to amend his motion. See § 705.105(1), Fla. Stat. (2013) (“Title to unclaimed evidence

Garcon v. West Palm Beach Police Department

Court: District Court of Appeal of Florida | Date Filed: 2013-05-15

Citation: 112 So. 3d 768, 2013 WL 1980421, 2013 Fla. App. LEXIS 7866

Snippet: days of the final disposition, see *770section 705.105, Florida Statutes, appellant references other motions

Bailey v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-07-27

Citation: 93 So. 3d 518, 2012 WL 3055001, 2012 Fla. App. LEXIS 12276

Snippet: found that the motion was untimely because Section 705.105, Fla. Stat. requires a motion for return of property