|
|
The 2025 Florida Statutes
|
|
|
|
|
F.S. 790.08790.08 Taking possession of weapons and arms; reports; disposition; custody.—(1)(a) Every officer making an arrest under s. 790.07, or under any other law or municipal ordinance within the state, shall take possession of any weapons, electric weapons or devices, or arms mentioned in s. 790.07 found upon the person arrested and deliver them to the sheriff of the county or the chief of police of the municipality wherein the arrest is made. (b) Any weapons, electric weapons or devices, or arms that are taken from a person under paragraph (a) that are not either seized as evidence or seized and subject to forfeiture under ss. 932.701–932.7062 must be returned upon request to the person from whom the weapons, electric weapons or devices, or arms were taken within 30 days after such request is made if he or she meets all of the following criteria:1. The person has been released from detention. 2. The person provides a form of government-issued photographic identification. 3. If requesting the return of a firearm, a completed criminal history background check confirms that the person is not prohibited from possessing a firearm under state or federal law, including not having any prohibition arising from an injunction, a risk protection order, or any other court order prohibiting the person from possessing a firearm. (c) The sheriff or chief of police may develop reasonable procedures to ensure the timely return of weapons, electric weapons or devices, or arms which are not inconsistent with this subsection. (d) The sheriff or chief of police may not require a court order to release weapons, electric weapons or devices, or arms that are not seized as evidence in a criminal proceeding unless there are competing claims of ownership of such weapons, electric weapons or devices, or arms. (2) If the person arrested as aforesaid is convicted of violating s. 790.07, or of a similar offense under any municipal ordinance, or any other offense involving the use or attempted use of such weapons, electric weapons or devices, or arms, such weapons, electric weapons or devices, or arms shall become forfeited to the state, without any order of forfeiture being necessary, although the making of such an order shall be deemed proper, and such weapons, electric weapons or devices, or arms shall be forthwith delivered to the sheriff by the chief of police or other person having custody thereof, and the sheriff is hereby made the custodian of such weapons, electric weapons or devices, and arms for the state. (3) If the person arrested as aforesaid is acquitted of the offenses mentioned in subsection (2), the said weapons, electric weapons or devices, or arms taken from the person as aforesaid shall be returned to him or her; however, if he or she fails to call for or receive the same within 60 days from and after his or her acquittal or the dismissal of the charges against him or her, the same shall be delivered to the sheriff as aforesaid to be held by the sheriff as hereinafter provided. This subsection shall likewise apply to persons and their weapons, electric weapons or devices, or arms who have heretofore been acquitted or the charges against them dismissed. (4) All such weapons, electric weapons or devices, and arms now in, or hereafter coming into, the hands of any of the peace officers of this state or any of its political subdivisions, which have been found abandoned or otherwise discarded, or left in their hands and not reclaimed by the owners shall, within 60 days, be delivered by such peace officers to the sheriff of the county aforesaid. (5) Weapons, electric weapons or devices, and arms coming into the hands of the sheriff pursuant to subsections (3) and (4) aforesaid shall, unless reclaimed by the owner thereof within 6 months from the date the same come into the hands of the said sheriff, become forfeited to the state, and no action or proceeding for their recovery shall thereafter be maintained in this state. (6) Weapons, electric weapons or devices, and arms coming into the hands of the sheriff as aforesaid shall be listed, kept, and held by him or her as custodian for the state. Any or all such weapons, electric weapons or devices, and arms suitable for use by the sheriff may be so used. All such weapons, electric weapons or devices, and arms not needed by the said sheriff may be loaned to any other department of the state or to any county or municipality having use for such weapons, electric weapons or devices, and arms. The sheriff shall take the receipt of such other department, county, or municipality for such weapons, electric weapons or devices, and arms loaned to them. All weapons, electric weapons or devices, and arms which are not needed or which are useless or unfit for use shall be destroyed or otherwise disposed of by the sheriff as provided in chapter 705 or as provided in the Florida Contraband Forfeiture Act. All sums received from the sale or other disposition of the said weapons, electric weapons or devices, or arms disposed of by the sheriff under chapter 705 as aforesaid shall be paid into the State Treasury for the benefit of the State School Fund and shall become a part thereof. All sums received from the sale or other disposition of any such weapons, electric weapons or devices, or arms disposed of by the sheriff under the Florida Contraband Forfeiture Act shall be disbursed as provided therein. (7) This section does not apply to any municipality in any county having home rule under the State Constitution. History.—s. 3, ch. 3620, 1885; RS 2424; GS 3270; RGS 5103; CGL 7205; s. 1, ch. 22049, 1943; s. 1, ch. 65-189; ss. 1, 2, 3, 4, 5, 6, 7, 8, ch. 67-523; s. 3, ch. 67-2207; ss. 20, 35, ch. 69-106; s. 2, ch. 76-165; s. 24, ch. 79-8; s. 12, ch. 80-68; s. 1, ch. 83-21; s. 17, ch. 97-93; s. 1207, ch. 97-102; s. 1, ch. 2024-61.
| |
Annotations, Discussions, Cases:
Cases Citing Statute 790.08
Total Results: 27
262 So. 2d 661
Supreme Court of Florida | Filed: May 3, 1972 | Docket: 429102
Cited 82 times | Published
against the appellant under the provisions of Section 790.08, Florida Statutes, F.S.A. Following the dismissal
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
Florida Statutes (1995), or any other statute. Section 790.08(2) does not apply. The state has not pointed
893 F.3d 1319
Court of Appeals for the Eleventh Circuit | Filed: Jun 27, 2018 | Docket: 7298704
Cited 9 times | Published
part of the employee's principal activity." Id. § 790.8(c). "Such a situation may exist where the changing
250 So. 2d 344
District Court of Appeal of Florida | Filed: Jul 9, 1971 | Docket: 1521392
Cited 5 times | Published
790.23, supra.
[3] As to weapons, see, e.g., § 790.08 and § 790.25, F.S. 1969, F.S.A. See also, Wharton's
368 F. Supp. 2d 1307, 2005 U.S. Dist. LEXIS 8416, 2005 WL 1041167
District Court, S.D. Florida | Filed: Mar 31, 2005 | Docket: 2392922
Cited 4 times | Published
the principal activity or activities." 29 C.F.R. § 790.8.[6] Thus, the alleged clock in and out time is
Court of Appeals for the Eleventh Circuit | Filed: Sep 30, 2021 | Docket: 60506310
Published
as hours worked.” 29 C.F.R.
§ 785.38; see id. § 790.8(a), (b) (defining “principal activity” as any activity
Court of Appeals for the Eleventh Circuit | Filed: Sep 30, 2021 | Docket: 60642415
Published
as hours worked.” 29 C.F.R.
§ 785.38; see id. § 790.8(a), (b) (defining “principal activity” as any activity
Court of Appeals for the Eleventh Circuit | Filed: Jun 27, 2018 | Docket: 7298703
Published
part of the employee’s principal activity.” Id. § 790.8(c). “Such a situation may
exist where the changing
Florida Attorney General Reports | Filed: Jan 27, 2009 | Docket: 3257482
Published
order of a trial court judge."
In addition, section 790.08, Florida Statutes, provides authority for law
Florida Attorney General Reports | Filed: Jan 27, 2009 | Docket: 3257482
Published
order of a trial court judge."
In addition, section 790.08, Florida Statutes, provides authority for law
Florida Attorney General Reports | Filed: Aug 6, 2004 | Docket: 3255853
Published
substantially the following question:
Does section 790.08, Florida Statutes, permit the sheriff's department
Florida Attorney General Reports | Filed: Apr 30, 2003 | Docket: 3256404
Published
The weapons had been forfeited pursuant to section 790.08, Florida Statutes, a statute similar to the
839 So. 2d 927, 2003 Fla. App. LEXIS 3681, 2003 WL 1237299
District Court of Appeal of Florida | Filed: Mar 19, 2003 | Docket: 64821259
Published
denying Hodge’s motion, the circuit court cited section 790.08(4), Florida Statutes (2000), which deals solely
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
contention that the court should have looked to section 790.08, which provides specifically for the return
711 So. 2d 253, 1998 Fla. App. LEXIS 8853, 1998 WL 281294
District Court of Appeal of Florida | Filed: Jun 3, 1998 | Docket: 64781094
Published
trial court denied the motion, ruling that section 790.08(2), Florida Statutes (1995), requires forfeiture
773 So. 2d 562, 1996 Fla. App. LEXIS 7138, 1996 WL 382356
District Court of Appeal of Florida | Filed: Jul 10, 1996 | Docket: 64802413
Published
CURIAM.
As the state has correctly conceded, section 790.08(3), Florida Statutes (1995) requires reversal
666 So. 2d 606, 1996 Fla. App. LEXIS 892, 1996 WL 47688
District Court of Appeal of Florida | Filed: Feb 7, 1996 | Docket: 64761562
Published
evidence for the charges currently pending, Section 790.08(3) of the Florida Statutes mandates their return
Florida Attorney General Reports | Filed: Dec 21, 1995 | Docket: 3258357
Published
substantially the following question:
Does section 790.08, Florida Statutes, control the disposition
655 So. 2d 245, 1995 Fla. App. LEXIS 6130, 1995 WL 335584
District Court of Appeal of Florida | Filed: Jun 7, 1995 | Docket: 64756494
Published
trial court, contrary to the provisions of Section 790.08(3), Florida Statutes (1993).
“While we understand
650 So. 2d 1134, 1995 Fla. App. LEXIS 2247, 1995 WL 92610
District Court of Appeal of Florida | Filed: Mar 8, 1995 | Docket: 64754467
Published
dismissed, the state correctly concedes error.
Section 790.08(3), Florida Statutes (1993), mandates the return
650 So. 2d 231, 1995 Fla. App. LEXIS 1733, 1995 WL 68809
District Court of Appeal of Florida | Filed: Feb 22, 1995 | Docket: 64754208
Published
returned, which motion the trial court denied. § 790.08(3), Fla.Stat. (1993).
Accordingly, we reverse
661 So. 2d 26, 1994 WL 714418
District Court of Appeal of Florida | Filed: Dec 28, 1994 | Docket: 532299
Published
requires him to forfeit his brass knuckles. Under section 790.08(2), Florida Statutes (1993), when a person
583 So. 2d 1122, 1991 Fla. App. LEXIS 8899, 1991 WL 164384
District Court of Appeal of Florida | Filed: Aug 27, 1991 | Docket: 64660756
Published
appellant’s motion for return of the handgun. See § 790.08(3), Fla.Stat. (1989); Alvarez v. State, 485 So
583 So. 2d 406, 1991 Fla. App. LEXIS 7324, 1991 WL 139156
District Court of Appeal of Florida | Filed: Jul 30, 1991 | Docket: 64660517
Published
the reclamation of seized weapons provided by section 790.08(5), Florida Statutes (1989). This was error
485 So. 2d 470, 11 Fla. L. Weekly 681, 1986 Fla. App. LEXIS 6953
District Court of Appeal of Florida | Filed: Mar 18, 1986 | Docket: 64618186
Published
time had expired, Alvarez moved, pursuant to section 790.08(3) of the Florida Statutes (1983),1 for return
Florida Attorney General Reports | Filed: Nov 12, 1985 | Docket: 3258953
Published
the custodian of such weapons for the state. Section 790.08(2), F.S. If the individual arrested is acquitted
Florida Attorney General Reports | Filed: Apr 22, 1975 | Docket: 3255418
Published
used by the sheriff's department?
SUMMARY: Section 790.08(6), F.S., specifically requires that all forfeited
