The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 705
LOST OR ABANDONED PROPERTY

View Entire Chapter

F.S. 705.106

705.106 Recovery from person wrongfully in possession.—Whenever any property described in this chapter, chapter 706, or chapter 707 is ascertained to be wrongfully withheld and the person in possession refuses to give it up to the sheriff on demand, the county attorney of the county in which the property is situated, or the city attorney, if within a municipality, when required to do so by the sheriff, shall enter a suit for said property and prosecute it to a final recovery. All moneys derived from these sources shall be paid by the sheriff into the State Treasury for the benefit of the State School Fund.

History.—ss. 4, 5, ch. 344, 1850; RS 2015; GS 2537; RGS 3892; CGL 5799; s. 4, ch. 63-267.

Note.—Former s. 705.06.

F.S. 705.106 on Google Scholar

F.S. 705.106 on Casetext

Amendments to 705.106

Arrestable Offenses / Crimes under Fla. Stat. 705.106

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 705.106.

Annotations, Discussions, Cases:

Cases from cite.case.law:

MONESTIME, v. STATE, 220 So. 3d 493 (Fla. Dist. Ct. App. 2017)

. . . The trial court denied the motion to return property, citing the motion’s untimeliness under section 705.106 . . .

J. DAVIS, v. STATE, 198 So. 3d 1070 (Fla. Dist. Ct. App. 2016)

. . . Section 705.106(1) provides that the title to property seized in connection with a criminal proceeding . . .