Florida Statute 705.105 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 705
LOST OR ABANDONED PROPERTY

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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 CourtListener

Amendments to 705.105

Annotations, Discussions, Cases:

Cases Citing Statute 705.105

Total Results: 60

White v. State

926 So. 2d 473, 2006 WL 1098280

District Court of Appeal of Florida | Filed: Apr 19, 2006 | Docket: 234863

Cited 14 times | Published

property to its rightful owner. Id. However, section 705.105(1), Florida Statutes (2004), provides that

Coon v. State

585 So. 2d 1079, 1991 WL 174435

District Court of Appeal of Florida | Filed: Sep 6, 1991 | Docket: 1293881

Cited 14 times | Published

Moore; Sawyer. We are not unaware that under Section 705.105, Florida Statutes (1989), title to unclaimed

Coon v. State

585 So. 2d 1079, 1991 WL 174435

District Court of Appeal of Florida | Filed: Sep 6, 1991 | Docket: 1293881

Cited 14 times | Published

Moore; Sawyer. We are not unaware that under Section 705.105, Florida Statutes (1989), title to unclaimed

Eight Hundred, Inc. v. State

781 So. 2d 1187, 2001 Fla. App. LEXIS 5048, 2001 WL 359272

District Court of Appeal of Florida | Filed: Apr 12, 2001 | Docket: 1293251

Cited 12 times | Published

permanently in a law enforcement agency pursuant to section 705.105, Florida Statutes (1999). See McKeever v. State

Dive N' Surf, Inc. v. Anselowitz

834 F. Supp. 379, 1993 U.S. Dist. LEXIS 14666, 1993 WL 409743

District Court, M.D. Florida | Filed: Aug 17, 1993 | Docket: 1220465

Cited 11 times | Published

Stat.Ann. § 705.105. However, neither statute supports defendant's proposition. Section 705.105 does not

Stevens v. State

929 So. 2d 1197, 2006 WL 1569158

District Court of Appeal of Florida | Filed: Jun 9, 2006 | Docket: 433473

Cited 9 times | Published

property to its rightful owner. Id. However, section 705.105(1), Florida Statutes (2004), provides that

Cloud v. State

801 So. 2d 964, 2001 WL 1409267

District Court of Appeal of Florida | Filed: Nov 14, 2001 | Docket: 562030

Cited 9 times | Published

motion for return of property filed pursuant to section 705.105, Florida Statutes (2000). We reverse and remand

McKinnon v. State

752 So. 2d 134, 2000 WL 257829

District Court of Appeal of Florida | Filed: Mar 8, 2000 | Docket: 75947

Cited 7 times | Published

return of property as untimely pursuant to section 705.105, Florida Statutes (1999). Because it is not

Butler v. State

613 So. 2d 1348, 1993 WL 33793

District Court of Appeal of Florida | Filed: Feb 12, 1993 | Docket: 454259

Cited 7 times | Published

otherwise disposed of" in June, 1991, pursuant to section 705.105, Florida Statutes (1991). Butler argued in

Wilson v. State

957 So. 2d 1264, 2007 WL 1484492

District Court of Appeal of Florida | Filed: May 23, 2007 | Docket: 73554

Cited 6 times | Published

regarding unclaimed evidence contained in section 705.105(1), Florida Statutes (2003). We remanded with

Burden v. State

890 So. 2d 566, 2005 WL 74872

District Court of Appeal of Florida | Filed: Jan 14, 2005 | Docket: 2551432

Cited 6 times | Published

property pursuant to section 705.105, Florida Statutes (2004). Section 705.105 provides that title to

Stevenson v. State

688 So. 2d 962, 1997 WL 70901

District Court of Appeal of Florida | Filed: Feb 21, 1997 | Docket: 443931

Cited 5 times | Published

support this argument, the state relied upon section 705.105, Florida *963 Statutes (1995), which provides

Sarmiento v. State

816 So. 2d 826, 2002 WL 1022047

District Court of Appeal of Florida | Filed: May 22, 2002 | Docket: 2529152

Cited 4 times | Published

the criminal proceeding as is required by section 705.105(1), Fla. Stat. (1997); see Romero-Saavedra

Poux v. State

985 So. 2d 1191, 2008 WL 2663496

District Court of Appeal of Florida | Filed: Jul 9, 2008 | Docket: 37162

Cited 3 times | Published

cases, the issues involved application of section 705.105, Florida Statutes, providing for transfer of

Hughes v. State

768 So. 2d 512, 2000 WL 1234274

District Court of Appeal of Florida | Filed: Sep 1, 2000 | Docket: 1190667

Cited 3 times | Published

return of property as untimely pursuant to section 705.105, Florida Statues (1999). We reverse and remand

Romero-Saavedra v. State

735 So. 2d 1290, 1999 WL 542582

District Court of Appeal of Florida | Filed: Jul 28, 1999 | Docket: 752006

Cited 3 times | Published

because it was untimely filed pursuant to section 705.105(1), Florida Statutes *1291 (1997). That statute

Harris v. State

30 So. 3d 674, 2010 Fla. App. LEXIS 3809, 2010 WL 1049979

District Court of Appeal of Florida | Filed: Mar 24, 2010 | Docket: 1431861

Cited 2 times | Published

items claimed concededly were seized); see also § 705.105, Fla. Stat. (2009) (providing that title to unclaimed

Monserrate v. State

25 So. 3d 1292, 2010 Fla. App. LEXIS 904, 2010 WL 366625

District Court of Appeal of Florida | Filed: Feb 3, 2010 | Docket: 2583754

Cited 2 times | Published

summarily denied the motion, finding that under section 705.105(1), Florida Statutes (2007), the property had

Harkless v. State

975 So. 2d 437, 2007 WL 865808

District Court of Appeal of Florida | Filed: Mar 23, 2007 | Docket: 1726915

Cited 2 times | Published

days after the conclusion of the proceeding." § 705.105(1), Fla. Stat. (2004). See also Sarmiento v. State

Wilson v. State

924 So. 2d 969, 2006 WL 932526

District Court of Appeal of Florida | Filed: Apr 7, 2006 | Docket: 2589508

Cited 2 times | Published

proceeding against Wilson in accordance with section 705.105(1), Florida Statutes (2003). Accordingly, we

Monestime v. State

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

District Court of Appeal of Florida | Filed: May 10, 2017 | Docket: 6060360

Cited 1 times | Published

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

Jones v. State

42 So. 3d 874, 2010 Fla. App. LEXIS 12165, 2010 WL 3239029

District Court of Appeal of Florida | Filed: Aug 18, 2010 | Docket: 1647373

Cited 1 times | Published

motion for return of property pursuant to section 705.105(1), Florida Statutes (2009). Because we are

DOTTIN v. State

12 So. 3d 329, 2009 Fla. App. LEXIS 9763, 2009 WL 2059431

District Court of Appeal of Florida | Filed: Jul 17, 2009 | Docket: 278310

Cited 1 times | Published

circuit court denied the motion because under section 705.105(1), Florida Statutes (2006), the property had

Reed v. City of Clearwater

899 So. 2d 343, 2005 WL 596989

District Court of Appeal of Florida | Filed: Mar 16, 2005 | Docket: 1705619

Cited 1 times | Published

his initial criminal proceedings pursuant to section 705.105, Florida Statutes (2001). Affirmed. STRINGER

Cloud v. State

810 So. 2d 573, 2002 WL 360332

District Court of Appeal of Florida | Filed: Mar 8, 2002 | Docket: 1654730

Cited 1 times | Published

entitled to return of the money pursuant to section 705.105, Florida Statutes (2000). The trial court denied

Gonzalez v. State

786 So. 2d 680, 2001 WL 747557

District Court of Appeal of Florida | Filed: Jul 5, 2001 | Docket: 1414547

Cited 1 times | Published

prior to denying the defendant's motion. See § 705.105, Fla. Stat. (2000); McKinnon v. State, 752 So

Crutchley v. Brevard County Sheriff's Office

688 So. 2d 371, 1997 Fla. App. LEXIS 231, 1997 WL 24241

District Court of Appeal of Florida | Filed: Jan 24, 1997 | Docket: 64771225

Cited 1 times | Published

1993, Crutehley’s filed his replevin action. Section 705.105, Florida Statutes, vested title in the sheriffs

Strickland v. Thelman

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

District Court of Appeal of Florida | Filed: Dec 1, 1995 | Docket: 64761035

Cited 1 times | Published

moved for a summary judgment on the basis of Section 705.105, Florida Statutes (1995),2 which provides that

David Montero v. the State of Florida

District Court of Appeal of Florida | Filed: Jan 15, 2025 | Docket: 69546359

Published

whether the motion was timely filed under section 705.105(1), Florida Statutes (2024), which provides:

SYDNEY SMITH v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 15, 2021 | Docket: 60385559

Published

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

Adams v. State

273 So. 3d 195

District Court of Appeal of Florida | Filed: May 10, 2019 | Docket: 64716074

Published

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

Adams v. State

273 So. 3d 195

District Court of Appeal of Florida | Filed: May 10, 2019 | Docket: 64716073

Published

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

Horvatt v. State

266 So. 3d 1268

District Court of Appeal of Florida | Filed: Mar 22, 2019 | Docket: 64708581

Published

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

Horvatt v. State

266 So. 3d 1268

District Court of Appeal of Florida | Filed: Mar 22, 2019 | Docket: 64708580

Published

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

Watkins v. State

230 So. 3d 1244

District Court of Appeal of Florida | Filed: Oct 18, 2017 | Docket: 6171781

Published

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

VLADIMIR EUGENE v. STATE OF FLORIDA

226 So. 3d 1032, 2017 Fla. App. LEXIS 12476, 2017 WL 3727052

District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145376

Published

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

Miguel A/K/A Angel v. State

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

District Court of Appeal of Florida | Filed: Dec 21, 2016 | Docket: 4555830

Published

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

Marcos Bonia v. State

197 So. 3d 1280, 2016 Fla. App. LEXIS 12888, 2016 WL 4524754

District Court of Appeal of Florida | Filed: Aug 26, 2016 | Docket: 4418839

Published

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

Reyneldon J. Davis v. State

198 So. 3d 1070, 2016 Fla. App. LEXIS 12578, 2016 WL 4415063

District Court of Appeal of Florida | Filed: Aug 19, 2016 | Docket: 4416532

Published

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

Adams v. State

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

District Court of Appeal of Florida | Filed: Jun 29, 2016 | Docket: 3088985

Published

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

Rigg v. State

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

District Court of Appeal of Florida | Filed: Mar 30, 2016 | Docket: 60254935

Published

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

182 So. 3d 843, 2016 Fla. App. LEXIS 198, 2016 WL 64974

District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026012

Published

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

Roberto Alberto Cepero v. State of Florida

174 So. 3d 469, 2015 Fla. App. LEXIS 11962, 2015 WL 4750702

District Court of Appeal of Florida | Filed: Aug 12, 2015 | Docket: 2683566

Published

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

Castleman v. State

165 So. 3d 61, 2015 WL 3464095

District Court of Appeal of Florida | Filed: Jun 2, 2015 | Docket: 60248211

Published

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

Bryan K. Castleman v. State of Florida

District Court of Appeal of Florida | Filed: Jun 1, 2015 | Docket: 2661166

Published

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

Scott Arel v. State

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

District Court of Appeal of Florida | Filed: Mar 18, 2015 | Docket: 2642442

Published

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

Bailey v. State

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

District Court of Appeal of Florida | Filed: Jul 27, 2012 | Docket: 60310628

Published

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

Hammond v. State

12 So. 3d 252, 2009 Fla. App. LEXIS 4245, 2009 WL 1260342

District Court of Appeal of Florida | Filed: May 8, 2009 | Docket: 2539970

Published

motion to return property filed pursuant to section 705.105(1), Florida Statutes (2005). We affirm because

Shuler v. State

984 So. 2d 1274, 2008 WL 2550743

District Court of Appeal of Florida | Filed: Jun 27, 2008 | Docket: 1289387

Published

evidence or pursuant to a criminal investigation, § 705.105, Fla. Stat. (2004). We reverse the postconviction

Kordish v. State

934 So. 2d 540, 2006 Fla. App. LEXIS 8129, 2006 WL 1410017

District Court of Appeal of Florida | Filed: May 24, 2006 | Docket: 64845845

Published

Property. As the motion was untimely filed, see § 705.105(1), Fla. Stat. (2001), we affirm the trial court’s

Ago

Florida Attorney General Reports | Filed: Aug 6, 2004 | Docket: 3255853

Published

property to any public or nonprofit organization. Section 705.105(1), Florida Statutes, in addressing unclaimed

Ago

Florida Attorney General Reports | Filed: Apr 30, 2004 | Docket: 3257154

Published

Florida Statutes; unclaimed evidence pursuant to section 705.105, Florida Statutes; or forfeited property pursuant

Forbes v. State

826 So. 2d 421, 2002 Fla. App. LEXIS 11429, 2002 WL 1800720

District Court of Appeal of Florida | Filed: Aug 7, 2002 | Docket: 64817629

Published

barred by the sixty day limitation period of section 705.105, Florida Statutes (2000) (providing that title

Villarreal v. Moore

805 So. 2d 988, 2001 Fla. App. LEXIS 17133, 2001 WL 1539058

District Court of Appeal of Florida | Filed: Dec 5, 2001 | Docket: 64811996

Published

incarcerated at MCI. Villarreal sought relief under section 705.105, Florida Statutes after MCI staff refused to

Darman v. State

774 So. 2d 798, 2000 Fla. App. LEXIS 16602, 2000 WL 1854093

District Court of Appeal of Florida | Filed: Dec 20, 2000 | Docket: 64802755

Published

dismissal of the charges against him. While section 705.105(1), Florida Statutes (1997), requires that

Francis v. State

765 So. 2d 228, 2000 WL 1021993

District Court of Appeal of Florida | Filed: Jul 26, 2000 | Docket: 64799710

Published

sixty day jurisdictional period provided by section 705.105(1), Florida Statutes (1997). Affirmed.

Ago

Florida Attorney General Reports | Filed: Sep 24, 1999 | Docket: 3257787

Published

dispose of unclaimed evidence as provided in section 705.105, Florida Statutes. It may transfer title of

Darman v. State

734 So. 2d 552, 1999 Fla. App. LEXIS 7287, 1999 WL 346009

District Court of Appeal of Florida | Filed: Jun 2, 1999 | Docket: 64788606

Published

Beach Police Department. Florida Statutes, section 705.105 (1997), governs the procedure regarding unclaimed

Costello v. State

730 So. 2d 857, 1999 Fla. App. LEXIS 5544, 1999 WL 252720

District Court of Appeal of Florida | Filed: Apr 30, 1999 | Docket: 64787699

Published

affirmed since his motion was untimely. Further, section 705.105, *858Florida Statutes is not void for vagueness

Ago

Florida Attorney General Reports | Filed: Jul 13, 1988 | Docket: 3256042

Published

103, F.S. 12 Id. 13 Section 705.104, F.S. 14 Section 705.105, F.S. 15 Section 705.101(4), F.S., defines