Florida Statute 705.102 - 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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705.102 Reporting lost or abandoned property.—

(1) Whenever any person finds any lost or abandoned property, such person shall report the description and location of the property to a law enforcement officer.

(2) The law enforcement officer taking the report shall ascertain whether the person reporting the property wishes to make a claim to it if the rightful owner cannot be identified or located. If the person does wish to make such claim, he or she shall deposit with the law enforcement agency a reasonable sum sufficient to cover the agency’s cost for transportation, storage, and publication of notice. This sum shall be reimbursed to the finder by the rightful owner should he or she identify and reclaim the property.

(3) It is unlawful for any person who finds any lost or abandoned property to appropriate the same to his or her own use or to refuse to deliver the same when required.

(4) Any person who unlawfully appropriates such lost or abandoned property to his or her own use or refuses to deliver such property when required commits theft as defined in s. 812.014, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 2, ch. 87-82; s. 4, ch. 92-79; s. 790, ch. 97-102; s. 105, ch. 2019-167.

F.S. 705.102 on Google Scholar

F.S. 705.102 on CourtListener

Amendments to 705.102

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 705.102

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

S705.102 4 - LARC - APPROP REFUSE DELIVER LOST ABAND PROP LT $100 - M: S

S705.102 4 - LARC - APPROP REFUSE DEL ABANDON PROP LT $300 2ND OFF - F: T

S705.102 4 - LARC - APPROP REFUSE DELIV ABANDON PROP $100-$300 - M: F

S705.102 4 - LARC - APPROP REFUSE DELIV ABANDON PROP $20K-$100K - F: S

S705.102 4 - LARC - APPROP REFUSE DELIV ABAND PROP $300-$20K - F: T

Cases Citing Statute 705.102

Total Results: 6 | Sort by: Relevance | Newest First

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State v. Tarbox, 541 So. 2d 1350 (Fla. 3d DCA 1989).

Cited 2 times | Published | Florida 3rd District Court of Appeal | 1989 WL 39608

...Accordingly, it follows that (a) the defendant was not illegally detained when he stated that he had found the VCR in some bushes behind his apartment complex, and (b) this statement gave Detective Reed probable cause to seize the property from the defendant as lost or abandoned property under Section 705.102, Florida Statutes (1987), which makes it "unlawful for any person who finds any lost or abandoned property to appropriate the same to his own use or to refuse to deliver the same when required." For the above-stated reasons, the order...

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In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-02., 256 So. 3d 1316 (Fla. 2018).

Published | Supreme Court of Florida

...Further, a new paragraph is added to the comment section stating that a special instruction will be required if the defendant found lost or abandoned property and failed to report the description and location to a law enforcement officer, or unlawfully appropriated the lost or abandoned property, citing section 705.102, Florida Statutes (2018). New instruction 21.17 (Compounding a Felony) instructs upon the crime of compounding a felony, as enacted in section 843.14, Florida Statutes (2018). Instruction 21.17 sets forth the elements of the...

...indictment into the jury room. If the defendant is found guilty of a theft, the historical fact of a previous theft conviction shall be determined beyond a reasonable doubt in a bifurcated proceeding. State v. Harbaugh, 754 So. 2d 691 (Fla. 2000). According to § 705.102, Fla....

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Ago (Fla. Att'y Gen. 1988).

Published | Florida Attorney General Reports

Section 274.04, F.S. 9 Section 274.05, F.S. 10 Section 705.102, F.S. 11 Section 705.103, F.S. 12 Id. 13 Section

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In Re: Stand. Jury Instructions in Crim. Cases - Report 2019-09 (Fla. 2020).

Published | Supreme Court of Florida

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Cruz v. State, 554 So. 2d 586 (Fla. 3d DCA 1989).

Published | Florida 3rd District Court of Appeal | 1989 Fla. App. LEXIS 7065, 1989 WL 153765

...e error here was fundamental because the defense went to the heart of the case, namely, the lack of criminal intent. We disagree and affirm. Assuming without deciding that abandonment is a legally cognizable defense to burglary of an automobile, cf. § 705.102, Fla.Stat....

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Ago (Fla. Att'y Gen. 2004).

Published | Florida Attorney General Reports

...rivate property. The opinion concluded that a local governmental entity may establish reasonable criteria for the disposition of lost and abandoned property located on private property which has been placed in the custody of the police department. 9 Section 705.102 , Fla....

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