Florida Statute 28.213 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 28
CLERKS OF THE CIRCUIT COURTS

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28.213 Disposal of physical evidence filed as exhibits.—The clerk of any circuit court or county court may dispose of items of physical evidence which have been held as exhibits in excess of 3 years in cases on which no appeal, or collateral attack, is pending or can be made. Items of evidence having no monetary value which are designated by the clerk for removal shall be disposed of as unusable refuse. Items of evidence having a monetary value which are designated for removal by the clerk shall be sold and the revenue placed in the clerk’s general revenue fund.

History.—s. 1, ch. 72-7; s. 21, ch. 73-333; s. 2, ch. 89-176; s. 26, ch. 2003-402.

Note.—Former s. 43.195.

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Amendments to 28.213

Annotations, Discussions, Cases:

Cases Citing Statute 28.213

Total Results: 3 | Sort by: Relevance | Newest First

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Waterhouse v. State, 82 So. 3d 84 (Fla. 2012).

Cited 15 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 112, 2012 WL 386752, 2012 Fla. LEXIS 267

...excess of 10 years in cases on which no appeal is pending or can be made.” In 1989, the statute was amended to allow for destruction of such evidence after three years. See ch. 89-176, § 2, Laws of Fla. In 2003, this *90 statute was renumbered as section 28.213....

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Webber v. State, 931 So. 2d 169 (Fla. 5th DCA 2006).

Published | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 7240, 2006 WL 1288605

...nying and dismissing his petition for writ of mandamus in the trial court. We treat the petition as an appeal pursuant to Bostic v. State, 875 So.2d 785 (Fla. 2d DCA 2004). Having carefully reviewed the record before us, as well as the provisions of section 28.213, Florida Statutes (2005), we conclude that the trial court was correct in its ruling and affirm....

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Chestnut v. State, 900 So. 2d 624 (Fla. 4th DCA 2005).

Published | Florida 4th District Court of Appeal | 2005 WL 600653

...We have reviewed the order for disposition, and accompanying certification of destruction. We find that the unsworn certification creates a factual dispute surrounding the destruction of the evidence at issue. See e.g. Warren v. State, 884 So.2d 1074 (Fla. 2nd DCA 2004), Fla. Stat. § 28.213....