Florida Statutes
Fla. Stat. § 705.105 (2025)
Procedure regarding unclaimed evidence.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 57
cases (2 in the last 5 years), 1991–2025 · leading case: Reyneldon J. Davis v. State, 198 So. 3d 1070 (Fla. 5th DCA 2016).
Reyneldon J. Davis v. State, 198 So. 3d 1070 (Fla. 5th DCA 2016). “See § 705.105(1), Fla. Stat. (2012). The motion asserted that .”
Eight Hundred, Inc. v. State, 781 So. 2d 1187 (Fla. 5th DCA 2001). “The trial court may find that a proper basis does not exist to return seized property if, for example, it was admitted into evidence in the criminal proceeding and the time for direct appeal has not expired; post-conviction proceedings are anticipated where the evidence may be…”
Stevens v. State, 929 So. 2d 1197 (Fla. 2d DCA 2006). “But the court concluded that Stevens' motion was untimely under section 705.105 because his criminal proceeding ended on April 10, 2003, when his original sentence was amended.”
Wilson v. State, 957 So. 2d 1264 (Fla. 2d DCA 2007). “707, Florida Statutes (2003), or whether the money had vested in the Tampa Police Department pursuant to the procedure regarding unclaimed evidence contained in section 705.105(1), Florida Statutes (2003).”
White v. State, 926 So. 2d 473 (Fla. 2d DCA 2006). “However, section 705.105(1), Florida Statutes (2004), provides that title to unclaimed evidence or personal property lawfully seized pursuant to a lawful investigation that is in the custody of the court or clerk as part of a criminal proceeding, or seized as evidence by and in…”
Horvatt v. State, 266 So. 3d 1268 (Fla. 5th DCA 2019). “Section 705.105(1), Florida Statutes (2011), governs the disposition of unclaimed evidence or tangible personal property and provides: Title to unclaimed evidence or unclaimed tangible personal property lawfully seized pursuant to a lawful investigation in the custody of the…”
Dive N' Surf, Inc. v. Anselowitz, 834 F. Supp. 379 (M.D. Fla. 1993). “§ 1116 ; Fla.Stat.Ann. § 705.105. However, neither statute supports defendant’s proposition.”
Burden v. State, 890 So. 2d 566 (Fla. 2d DCA 2005). “The trial court treated Burden's motion as a motion for return of property pursuant to section 705.105, Florida Statutes (2004).”
Marcos Bonia v. State, 197 So. 3d 1280 (Fla. 5th DCA 2016). “The State properly concedes error in that the trial court did not address the applicability of section 705.105, Florida Statutes. See Davis v.”
McKinnon v. State, 752 So. 2d 134 (Fla. 2d DCA 2000). “Johnny McKinnon appeals the trial court's order summarily denying his motion for return of property as untimely pursuant to section 705.105, Florida Statutes (1999).”
Coon v. State, 585 So. 2d 1079 (Fla. 1st DCA 1991). “We are not unaware that under Section 705.105, Florida Statutes (1989), title to unclaimed evidence in the custody of the court or a law enforcement agency vests permanently in the law enforcement agency sixty days after the conclusion of the proceeding.”
Stevenson v. State, 688 So. 2d 962 (Fla. 5th DCA 1997). “To support this argument, the state relied upon section 705.105, Florida *963 Statutes (1995), which provides, in pertinent part: 705.”
— 705.105(1) — 32 cases
Reyneldon J. Davis v. State, 198 So. 3d 1070 (Fla. 5th DCA 2016). “See § 705.105(1), Fla. Stat. (2012). The motion asserted that .”
Wilson v. State, 957 So. 2d 1264 (Fla. 2d DCA 2007). “707, Florida Statutes (2003), or whether the money had vested in the Tampa Police Department pursuant to the procedure regarding unclaimed evidence contained in section 705.105(1), Florida Statutes (2003).”
White v. State, 926 So. 2d 473 (Fla. 2d DCA 2006). “However, section 705.105(1), Florida Statutes (2004), provides that title to unclaimed evidence or personal property lawfully seized pursuant to a lawful investigation that is in the custody of the court or clerk as part of a criminal proceeding, or seized as evidence by and in…”
Horvatt v. State, 266 So. 3d 1268 (Fla. 5th DCA 2019). “Section 705.105(1), Florida Statutes (2011), governs the disposition of unclaimed evidence or tangible personal property and provides: Title to unclaimed evidence or unclaimed tangible personal property lawfully seized pursuant to a lawful investigation in the custody of the…”
Stevens v. State, 929 So. 2d 1197 (Fla. 2d DCA 2006). “But the court concluded that Stevens' motion was untimely under section 705.105 because his criminal proceeding ended on April 10, 2003, when his original sentence was amended.”
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