Florida Statutes
Fla. Stat. § 705.106 (2025)
Recovery from person wrongfully in possession.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Note.—Former s. 705.06.
Notes of Decisions
Cited in 2
cases, 2016–2017 · 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). “Section 705.106(1) provides that the title to property seized in connection with a criminal proceeding shall vest permanently in the law enforcement agency sixty days after the conclusion of the criminal proceeding.”
Monestime v. State, 220 So. 3d 493 (Fla. 3d DCA 2017). “The trial court denied the motion to return property, citing the motion’s untimeliness under section 705.106, Florida Statutes (2016).”
— 705.106(1) — 1 case
Reyneldon J. Davis v. State, 198 So. 3d 1070 (Fla. 5th DCA 2016). “Section 705.106(1) provides that the title to property seized in connection with a criminal proceeding shall vest permanently in the law enforcement agency sixty days after the conclusion of the criminal proceeding.”
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